Wednesday, March 27, 2013

Eleventh Circuit - Seburt Nelson Connor v. Secretary, Florida Department of Corrections, et al

No error in denial of competency hearing, as the challenge is entirely record-based, and the underlying claims were reviewed in state Habeas with an implicit determination of sufficient competence.  No statutory right to establishment of competency for collateral challenges.  AEDPA deference.

Ineffective Assistance claim properly denied, as not presenting cumulative evidence in mitigation doesn't establish Ineffective Assistance, and there was no showing of outcome-determinancy.

Seburt Nelson Connor v. Secretary, Florida Department of Corrections, et al

[thou shalt not kill.  -MB]
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.