Nance v. Warden, Georgia Diagnostic Prison

The Eleventh Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2254 petition. The court rejected petitioner's ineffective assistance of counsel claim and held that counsel's performance in presenting petitioner's case in mitigation was not objectively unreasonable where counsel's decisions were strategic and did not fall outside the wide range of reasonable professional assistance the Sixth Amendment required. The court also held that the trial court did not err in requiring petitioner to wear a stun belt during the resentencing trial where the stun belt was not visible to the jury or the public, and the state trial court's opinion was not contrary to and did not involve an unreasonable application of clearly established federal law as determined by the Supreme Court. View "Nance v. Warden, Georgia Diagnostic Prison" on Justia Law