GENTRY

v.

BUTLER, WARDEN

Citator

Cited By

• Rutherford v. State, 926 So. 2d 1100 (Fla. 2006)
  …sistance of counsel claim; and (3) whether his trial counsel had a conflict of interest that rendered their representation of him ineffective. Rutherford v. Crosby, 385 F. 3d 1300, 1302-06 (11th Cir.2004) (parallel citations omitted), cert. denied, 544 U.S. 982, 125 S.Ct. 1847, 161 L.Ed.2d 738 (2005). The Eleventh Circuit affirmed the denial of Rutherford’s habeas petition. See id. at 1318. Rutherford filed a successive postconviction motion based on Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.…

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• Rutherford v. State, 940 So. 2d 1112 (Fla. 2006)
  …and this Court likewise denied relief. Rutherford v. Moore, 774 So. 2d 637 (Fla.2000). Rutherford then pursued habeas relief in the federal courts, which was eventually denied. See Rutherford v. Crosby, 385 F. 3d 1300 (11th Cir.2004), cert. denied, 544 U.S. 982, 125 S.Ct. 1847, 161 L.Ed.2d 738 (2005). Rutherford next filed a second postcon-viction motion in state court based on Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). The trial court summarily denied Rutherford’s motion and t…

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• Stewart v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla., 476 F.3d 1193 (11th Cir. 2007)
  …when he murdered Harris. Similarly, any potential mitigating value of Stewart’s substance abuse would have been offset by Dr. Mussenden’s testimony at the penalty phase. See Rutherford v. Crosby, 385 F. 3d 1300, 1311 (11th Cir.2004), cert. denied, 544 U.S. 982, 125 S.Ct. 1847, 161 L.Ed.2d 738 (2005) (concluding that counsel’s decision not to present evidence of defendant’s alcoholism was reasonable because such evidence would have opened the door to evidence about defendant’s past violence); Hubbard v. Ha…