EVANS v. SECRETARY, DEPT. OF CORRECTIONS

No. 10-14920.

681 F.3d 1241 (2012)

Wydell EVANS, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 23, 2012.


Attorney(s) appearing for the Case

Richard E. Kiley (Court-Appointed), James Vincent Viggiano , Capital Collateral Regional Counsel, Tampa, FL, for Petitioner-Appellant.

Barbara C. Davis , Kenneth Sloan Nunnelley , Office of the Atty. Gen., Daytona Beach, FL, for Respondent-Appellee.

Before EDMONDSON, WILSON and MARTIN, Circuit Judges.


MARTIN, Circuit Judge:

Petitioner Wydell Evans, a Florida death row inmate, appeals the District Court's denial of his first federal habeas corpus petition. This appeal presents a single claim for relief — whether Evans was denied the constitutional right to effective assistance of counsel at the penalty phase of his capital trial. Because Evans filed his federal petition after April 24, 1996, this case is governed by 28 U.S.C. § 2254, as amended by the...

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