CAREY v. DEPT. OF CORRECTIONS

No. 20-14602.

57 F.4th 985 (2023)

Demetrius CAREY, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: January 17, 2023.


Attorney(s) appearing for the Case

Melissa M. Salinas , Andrew Parks , Max Vogel , Erin Woodruff , University of Michigan Law School, Federal Appellate Litigation Clinic, Ann Arbor, MI, for Plaintiff-Appellant.

Georgina Jimenez-Orosa , Anesha Worthy , Lindsay Warner , Attorney General's Office, West Palm Beach, FL, Florida Attorney General Service, Office of the Attorney General, Tallahassee, FL, for Respondent-Appellee.

Before William Pryor, Chief Judge, Rosenbaum, and Marcus, Circuit Judges.


This appeal from the denial of a petition for a writ of habeas corpus requires us to decide whether trial counsel provided ineffective assistance by requesting that the jury be instructed on lesser included offenses. We hold that counsel did not. And because the petitioner's claim that insufficient evidence supported...

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