KIMBROUGH v. SECRETARY, DOC

No. 08-11421.

565 F.3d 796 (2009)

Darius Mark KIMBROUGH, Petitioner-Appellant, v. SECRETARY, DOC, FL Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 13, 2009.


Attorney(s) appearing for the Case

Robert T. Strain (Court-Appointed), Capital Collateral Reg. Counsel-Middle Region, Tampa, FL, for Kimbrough.

Scott Andrew Browne, Robert J. Landry, Tampa, FL, for Respondents-Appellees.

Before EDMONDSON, Chief Judge, and CARNES and BARKETT, Circuit Judges.


PER CURIAM:

Darius Mark Kimbrough appeals the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We granted Kimbrough's request for a certificate of appealability on the issue of whether the Florida Supreme Court's determination—that it was a reasonable trial tactic for petitioner's trial counsel not to present mental health mitigation testimony and evidence at Kimbrough's penalty phase—is contrary to or an unreasonable...

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