Davis v. Secretary for the Department of Corrections

This appeal requires us to determine whether we should look to the outcome of the trial or the outcome of the appeal in determining whether a petitioner was prejudiced when his attorney failed to preserve his Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), claim for appellate review. 1 In addressing this is sue, we must determine whether Jackson v. Herring, 42 F.3d 1350, 1361-62 (11th Cir.1995) (requiring the petitioner to show some likelihood of a more favorable result at trial had trial counsel raised the Batson claim), or Eagle v. Linahan, 279 F.3d 926, 943-44 (11th…