PEREZ

v.

UNITED STATES

Citator

Cited By

• Medina v. Singletary, 59 F.3d 1095 (11th Cir. 1995)
  …ed to collateral relief for a claim which could or should have been raised at trial and, if preserved, on direct appeal of the judgment and sentence. Tejada v. Dugger, 941 F. 2d 1551, 1556 (11th Cir.1991) (citing Fla.R.Crim.P. 3.850), cert. denied, 502 U.S. 1105, 112 S.Ct. 1199, 117 L.Ed.2d 439 (1992). The Sykes procedural default rule does not, however, preclude review on the merits of a postconviction incompetency claim, even if the claim was not raised on direct appeal. Adams v. Wainwright, 764 F. 2d 1…
• Kight v. Singletary, 50 F.3d 1539 (11th Cir. 1995)
  …34 (11th Cir.1991); see Atkins v. Singletary, 965 F. 2d 952, 958 (11th Cir.1992) (petitioner’s ineffective assistance of counsel claim did not warrant evidentiary hearing); Tejada v. Dugger, 941 F. 2d 1551, 1559 (11th Cir.1991) (same), cert. denied, 502 U.S. 1105, 112 S.Ct. 1199, 117 L.Ed.2d 439 (1992). . § 2254(d) provides that a written finding is not presumed correct if "applicant shall establish,” inter alia, "that the merits of the factual dispute were not resolved by the state court hearing” or that "s…