McCLAIN v. HALL

No. 07-13487.

552 F.3d 1245 (2008)

Mark Howard McCLAIN, Petitioner-Appellant, v. Hilton HALL, Warden, Georgia Diagnostic and Classification Prison, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 18, 2008.


Attorney(s) appearing for the Case

Thomas H. Dunn (Court-Appointed), Georgia Resource Ctr., Atlanta, GA, for McClain.

Susan V. Boleyn, State Law Dept., Atlanta, GA, for Hall.

Before BIRCH, BARKETT and PRYOR, Circuit Judges.


PRYOR, Circuit Judge:

The issue in this appeal is whether the Superior Court of Butts County, Georgia, unreasonably applied clearly established federal law when it ruled that Mark Howard McClain failed to prove ineffective assistance of trial counsel in the investigation of mitigating evidence for the penalty phase of McClain's trial. McClain was sentenced to death for a murder he committed during an armed robbery. Counsel met with McClain between twenty and thirty...

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