POOLER v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 12-12059.

702 F.3d 1252 (2012)

Leroy POOLER, Plaintiff-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 17, 2012.


Attorney(s) appearing for the Case

Linda McDermott (Court-Appointed), McClain & McDermott, PA, Wilton Manors, FL, John Paul Abatecola (Court-Appointed), Estero, FL, for Plaintiff-Appellant.

Leslie Teresa Campbell , Atty. General's Office, West Palm Beach, FL, for Respondents-Appellees.

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


HULL, Circuit Judge:

Florida death row inmate Leroy Pooler appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Pooler argues that his trial counsel was constitutionally ineffective in the penalty phase of his murder trial for (1) failing to discover that certain information Pooler himself told counsel about his background was false, and (2) relying on court-appointed competency experts to testify instead of retaining...

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