MORTON v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 11-11199.

684 F.3d 1157 (2012)

Alvin Leroy MORTON, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 20, 2012.


Attorney(s) appearing for the Case

Marie-Louise Samuels Parmer (Court-Appointed), Capital Collateral Regional Counsel, Tampa, FL, for Petitioner-Appellant.

Scott Andrew Browne , Atty. General's Office, Tampa, FL, for Respondents-Appellees.

Gretchen S. Sween , Dechert, LLP, Austin, TX, Robert A. Cohen , Dechert, LLP, New York City, for MAAP Services for Autism and Asperger Syndrome, Amicus Curiae.

Before DUBINA, Chief Judge, and WILSON and PRYOR, Circuit Judges.


PRYOR, Circuit Judge:

This appeal illustrates the truism that, regardless of the mitigation strategy that capital defense lawyers choose, they are often "damned if they do, and damned if they don't" when their clients later assert claims of ineffective assistance of counsel during collateral review. After he confessed to butchering an elderly woman with a survival knife and shooting her defenseless son at point-blank range with a sawed-off shotgun during a random...

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