Johnston v. Secretary, Florida Department of Corrections, No. 14-14054 (11th Cir. 2020)Annotate this Case
Petitioner was sentenced to death for first degree murder, kidnapping, robbery, sexual battery, and burglary of a conveyance with assault. Petitioner subsequently filed a 28 U.S.C. 2254 petition, which the district court denied.
The Eleventh Circuit granted a certificate of appealability on two claims of ineffective assistance of counsel. The court affirmed the district court's denial of petitioner's ineffective assistance claims, holding that petitioner has not shown that his counsel's failure to investigate and call a witness prejudiced his defense at either the guilt or sentence stage.