Davis v. Sellers, No. 17-14325 (11th Cir. 2019)
Annotate this CaseThe Eleventh Circuit affirmed the district court's denial of a petition for writ of habeas corpus under 28 U.S.C. 2254. The court held that, although petitioner exhausted his due process claims based on lost or destroyed evidence, the Georgia Supreme Court's denial of the claims on direct appeal was entitled to deference under section 2254(d). In this case, there was no evidence that officers knew or should have known that the lost or destroyed evidence was exculpatory and the record contained no allegation of official animus towards petitioner or of a conscious effort to suppress exculpatory evidence. The court also held that the district court did not err in denying petitioner's request for a stay.
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