FRANK DARELL VAUGHN, PETITIONER,

v.

JEFFREY BEARD, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL.

Citator

Cited By

• Pinkney Carter v. State, 175 So. 3d 761 (Fla. 2015)
  …or would have opened the door to damaging evidence,’ ” Evans v. Sec’y, Dept. of Corr., 703 F. 3d 1316, 1327 (11th Cir.) (quoting Ponticelli v. Sec’y, Fla. Dep’t of Corr., 690 F. 3d 1271, 1296 (11th Cir.2012)), cert. denied — U.S. -, 133 S.Ct. 2742, 186 L.Ed.2d 199 (2013). The expert mitigation proposed by postconviction counsel and rejected by trial counsel was just such a “two-edged sword.” This case does not present the situation where counsel completely failed to investigate mental health mitigation. Cf.…
• Terrell v. GDCP Warden, 744 F.3d 1255 (11th Cir. 2014)
  …ate supreme court’s application of Strickland was reasonable. Thus, AEDPA precludes us from granting federal habeas relief. See Evans v. Sec’y, Dep’t of Corrs., 703 F. 3d 1316, 1326 (11th Cir.2013) (en banc), cert. denied, — U.S. —, 133 S.Ct. 2742, 186 L.Ed.2d 199 (2013). Based upon our review of the record, we conclude that the state supreme court’s factual findings were not clearly erroneous and were supported by the record, and that the state supreme court did not unreasonably apply Strickland to the facts…
• Lucas v. Warden, Georgia Diagnostic AND Classification Prison, 771 F.3d 785 (11th Cir. 2014)
  …that arguably could have opened the door to damaging evidence and “would likely have been more harmful than helpful.” Evans v. Sec’y, Dep’t of Corr., 703 F. 3d 1316, 1324 (11th Cir.), cert. denied sub nom., Evans v. Crews, — U.S. -, 133 S.Ct. 2742, 186 L.Ed.2d 199 (2013). On this mixed record, a court reasonably could conclude that Lucas’s lawyers followed a reasonable mitigation strategy, particularly because Pelt or Stephens could have damaged the sympathetic image of Lucas that counsel sought to cultivate.…