JONES
v.
SECRETARY DEPARTMENT OF CORRECTIONS STATE OF FLORIDA
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The court held that the petitioner's claims of ineffective assistance of counsel and Eighth Amendment violation lack merit and his petition for habeas relief must be denied.
Petitioner, convicted of attempted murder, sought federal habeas relief alleging ineffective assistance of counsel regarding a plea offer and an Eight…
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Jones’s second claim is that his 20-year sentence violates the Eighth Amendment. He contends the sentence is unconstitutional as applied to the facts of his case, which he says involved self-defense. But the jury rejected the self-defense argument, so Jones’s contention is really that 20 years for attempted murder is more
than the Eighth Amendment will allow. This was an exceedingly difficult argument in the first instance, when the Florida courts rejected it. It is even more difficult here, where the deferential § 2254 standard applies. As the magistrate judge correctly
concludes, Jones falls well short of his burden. The last issue is whether to issue a certificate of appealability. Because I conclude Jones has not made a “substantial showing of the denial of a constitutional
right,” 28 U.S.C. § 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 483-84 (2000), a COA will be denied. It is now ORDERED:
1. The Report and Recommendation (ECF No. 11) is adopted and incorporated into this order. 2. The clerk will enter a judgment that says “The § 2254 petition is denied on the merits without an evidentiary hearing.”
3. A certificate of appealability is DENIED.
4. The clerk will close the file.
SO ORDERED on December 21, 2020.
s/ Allen Winsor United States District Judge