Jenkins v. Commissioner, Alabama Department of Corrections, No. 17-12524 (11th Cir. 2020)
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The Eleventh Circuit sua sponte vacated its previous opinion and substituted the following option.
The court affirmed the denial of habeas relief to petitioner, rejecting petitioner's claims of ineffective assistance of counsel and that he is intellectually disabled and therefore ineligible for the death penalty. The court held that the state court did not unreasonably determine that petitioner failed to establish objectively incompetent performance by his counsel during the penalty phase of his trial for failing to present mitigation evidence. Even if petitioner had demonstrated that counsel's performance was deficient, he failed to demonstrate prejudice. The court also held that the state court did not unreasonably determine the facts or unreasonably apply Atkins v. Virginia, 536 U.S. 304 (2002), with respect to the intellectual component of intellectual disability; the record supports the state court's conclusion that petitioner does not have substantial deficits in adaptive behaviors; and the ample record of petitioner's childhood does not point to intellectual disability before age 18.
This opinion or order relates to an opinion or order originally issued on August 30, 2019.
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