ROAQUIN

v.

BROWN, SECRETARY OF VETERANS AFFAIRS

Citator

Cited By

• Cupon v. State, 833 So. 2d 302 (Fla. 1st DCA 2002)
  …ton1 standard for trial counsel ineffectiveness. See Jones v. Moore, 794 So. 2d 579, 583 (Fla.2001); Atkins v. Singletary, 965 F. 2d 952, 960 (11th Cir.1992) (applying Strickland test to challenge of counsel’s effectiveness on appeal), cert. denied, 515 U.S. 1165, 115 S.Ct. 2624, 132 L.Ed.2d 865 (1995). As a result, to establish a claim of ineffective assistance of appellate counsel, petitioner must show (i) specific errors or omissions which show that appellate counsel’s performance deviated from the norm…
• Bailey v. Nagle, 172 F.3d 1299 (11th Cir. 1999)
  …fault principle of state law to arrive at the conclusion that the petitioner’s federal claims are barred, Sykes requires the federal court to respect the state court’s decision. Atkins v. Singletary, 965 F. 2d 952, 956 (11th Cir.1992), cert. denied, 515 U.S. 1165, 115 S.Ct. 2624, 132 L.Ed.2d 865 (1995); Meagher v. Dugger, 861 F. 2d 1242, 1245 (11th Cir.1988). Second, if the petitioner simply never raised a claim in state court, and it is obvious that the unexhausted claim would now be procedurally barred du…
• Baldwin v. Johnson, 152 F.3d 1304 (11th Cir. 1998)
  …that the sentencing judge did not consider non-statutory mitigating factors, and finding “it ... more correct to say that the [sentencing] judge did not accept — that is, give much weight to — [the defendant’s] nonstatutory factors.”), cert. denied, 515 U.S. 1165, 115 S.Ct. 2624, 132 L.Ed.2d 865 (1995); Palmes v. Wainwright, 725 F. 2d 1511, 1523 (11th Cir.) (stating that this court could not conclude, just because the sentencing judge only discussed the statutory aggravating and mitigating factors in her ord…