Bush v. Secretary, Florida Department of Corrections

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The Eleventh Circuit affirmed the district court's denial of a writ of habeas corpus vacating his convictions pursuant to 28 U.S.C. 2254. The court held that petitioner was not denied due process or access to the courts because he was unable—due to the unavailability of a transcript of his criminal trial—to prove in collaterally attacking his convictions that his trial attorneys rendered ineffective assistance of counsel in violation of his Sixth and Fourteenth Amendment rights. The court held that the state court's decision affirming the collateral-attack court's denial of relief was not contrary to, nor involved an unreasonable application of, clearly established United States Supreme Court precedent. View "Bush v. Secretary, Florida Department of Corrections" on Justia Law