SUGGS v. McNEIL

No. 09-12718.

609 F.3d 1218 (2010)

Ernest D. SUGGS, Petitioner-Appellant, v. Walter A. McNEIL, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 24, 2010.


Attorney(s) appearing for the Case

Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Petitioner-Appellant.

Stephen Richard White, Tallahassee, FL, for Respondent-Appellee.

Before BIRCH, BLACK and PRYOR, Circuit Judges.


PRYOR, Circuit Judge:

This appeal from the denial of a petition for a writ of habeas corpus presents the question whether the attorneys who represented Ernest Suggs, a Florida prisoner sentenced to death, deprived Suggs of effective assistance by failing to investigate and present a defense of mental health mitigation for the penalty phase of his trial. In 1992, a jury found Suggs guilty of robbery, kidnapping, and murder. The state proved that Suggs in 1990 kidnapped...

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