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CUMMINGS v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 09-12416.

588 F.3d 1331 (2009)

Frederick W. CUMMINGS, Petitioner-Appellee, Cross-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Walter A. McNeil, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 4, 2009.

Attorney(s) appearing for the Case

Sandra Sue Jaggars, Miami, FL, for McNeil.

Todd Gerald Scher (Court-Appointed), Miami, Beach, FL, for Cummings.

Before TJOFLAT, BIRCH and HULL, Circuit Judges.

HULL, Circuit Judge:

Florida death row inmate Frederick W. Cummings1 petitioned the district court, pursuant to 28 U.S.C. § 2254, for a writ of habeas corpus. After review and oral argument, we conclude that Cummings's trial counsel did not provide ineffective assistance in the investigation and presentation of mitigation evidence at the penalty phase of Cummings's murder trial. Thus, Cummings's § 2254 petition must be denied...

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