Timothy L. Upshaw v. Harry K. Singletary Robert Butterworth

ON PETITION FOR REHEARING

Before BLACK and BARKETT, Circuit Judges, and RONEY, Senior Circuit Judge. BARKETT, Circuit Judge:

Timothy Upshaw, a Florida prison inmate who pleaded guilty to two first-degree felony murders, appeals the district court’s judgment denying his petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. 1 The petition contained several claims of ineffective assistance of counsel and one claim of a due process violation. The district court dismissed the petition without holding an evidentiary hearing after determining that all of the claims were procedurally…