Vining v. Secretary, Department of Corrections

John Vining (“Petitioner”) appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner, in state court, was convicted of first-degree murder and sentenced to death. The details of Petitioner’s case are set out in the Florida Supreme Court’s opinion on his direct appeal. See Vining v. State (“Vining I”), 637 So.2d 921 (Fla.1994). The Florida Supreme Court affirmed his conviction and later denied his application for post-conviction relief.

After exhausting remedies in state court, Petitioner sought a writ of habeas corpus in the district…