REED v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 13-10900.

767 F.3d 1252 (2014)

Kelvin Leon REED, Petitioner-Appellee, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 24, 2014.


Attorney(s) appearing for the Case

Thomas A. Burns , Burns, PA, Tampa, FL, for Petitioner-Appellee.

Kelvin Leon Reed, Avon Park, FL, pro se.

Carmen F. Corrent , Pam Bondi , Attorney General's Office, Daytona Beach, FL, for Respondents-Appellants.

Before HULL, MARCUS, and HILL, Circuit Judges.


MARCUS, Circuit Judge:

Almost a decade ago, Kelvin Leon Reed was convicted of the vehicular homicide of two pedestrians and sentenced to 35 years' imprisonment. Following a postconviction evidentiary hearing, the Florida circuit court rejected Reed's claim that defense counsel had rendered ineffective assistance by failing to investigate and call a witness at trial. The state appellate court summarily affirmed. The federal district court, however, granted habeas relief...

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