EVANS v. SECRETARY, DEPT. OF CORRECTIONS

No. 10-14920.

703 F.3d 1316 (2013)

Wydell EVANS, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General of Florida, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 4, 2013.


Attorney(s) appearing for the Case

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

Kenneth Sloan Nunnelley , Atty. Gen.'s Office, Daytona Beach, FL, for Respondent-Appellee.

Before DUBINA, Chief Judge, and TJOFLAT, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN and JORDAN, Circuit Judges.


PRYOR, Circuit Judge:

The issue in this appeal is whether a reasonable jurist could conclude that evidence of a capital murderer's mental health problems, including antisocial personality disorder; his crack cocaine and alcohol abuse; his life of crime, including drug dealing, robberies of drug dealers, and regular use of firearms; and his history of escalating violence, particularly toward women, was likely to be more harmful than helpful if introduced as mitigation...

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