DIAZ v. SECRETARY FOR THE DEPT. OF CORRECTIONS

No. 04-12795.

402 F.3d 1136 (2005)

Angel Nieves DIAZ, Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 14, 2005.


Attorney(s) appearing for the Case

Todd Gerald Scher (Court-Appointed), Sp. Asst. CCRC, Miami Beach, FL, for Petitioner-Appellant.

Sandra Sue Jaggard, Miami, FL, for Respondent-Appellee.

Before EDMONDSON, Chief Judge, and MARCUS and PRYOR, Circuit Judges.


PRYOR, Circuit Judge:

The key issue in this habeas corpus appeal is whether counsel for Angel Nieves Diaz, a Florida prisoner sentenced to death, was ineffective for not arguing, in his direct appeal, that Diaz was absent from several pretrial hearings and other discussions among the trial court and counsel. Because the minor proceedings from which Diaz was absent were outside the presence of the jury, no objection was made, and Diaz was not prejudiced by his absences...

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