Tharpe v. Warden, No. 14-12464 (11th Cir. 2016)Annotate this Case
Petitioner, convicted of kidnapping his wife and murdering his sister-in-law, appealed the district court's denial of his petition for habeas relief under 28 U.S.C. 2254. The court concluded that petitioner failed to show that the state court's conclusion that trial counsel's performance constituted anything but effective assistance under Strickland v. Washington was contrary to, or an unreasonable application of, clearly established law. The court also rejected petitioner's Atkins v. Virginia intellectual-disability claim where petitioner failed to prove beyond a reasonable doubt that his impaired behavior qualified him as intellectually disabled for purposes of Georgia’s death-penalty law. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on August 10, 2018.