Opinion

Anthony John Ponticelli v. Secretary, Florida Department of Corrections

  • 690 F.3d 1271
  • 2012 U.S. App. LEXIS 17352
  • 2012 WL 3517146
Court
Court of Appeals for the Eleventh Circuit
Filed
Aug 16, 2012
Status
Published
Author
Edmondson
On the bench
Pryor, Martin, Edmondson
Cited by
34 cases

holding that the Florida Supreme Court reasonably applied Strickland by concluding that the petitioner suffered no prejudice when the mitigating evidence presented in the state post-conviction proceeding could open the door to additional damning evidence

How later courts described this case

  • holding that the Florida Supreme Court reasonably applied Strickland by concluding that the petitioner suffered no prejudice when the mitigating evidence presented in the state post-conviction proceeding could open the door to additional damning evidence
  • stating that Porter is an application of Strickland and does not alter the ordinary rule that courts “ ‘must consider the totality of the evidence before the judge or jury’ ” (quoting Strickland, 466 U. S. at 695 (III) (B))
  • affirming the denial of habeas relief in a capital case because it is not “reasonably probable that a different outcome would have resulted if the government had disclosed” impeachment evidence
  • explaining that the existence of item-by-item analysis is not inconsistent with a cumulative analysis

Written by the judges who cited it.

The opinion

EDMONDSON, Circuit Judge,

concurring in the result:

I reach the same result as Judge Pryor has done: affirm the district court’s decision to deny habeas relief.

In my view, given the deferential standard commanded by AEDPA, no relief can be correctly given by us in this case. The pertinent state decision reasonably determined the facts and neither contradicted nor unreasonably applied the then clearly established federal law, in the light of the actual holdings made by the decisions of the Supreme Court of the United States— even considering later decisions (such as, the decision for prejudice in the Porter case). I believe the lack of prejudice, right through, is a particularly strong point for *1303 Florida — given the evidence in this case and the deference required by AEDPA.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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