Torres v. Secretary, Department of Corrections

Osvaldo Javier Torres, a Florida prisoner convicted of first-degree murder, armed burglary, and armed robbery appeals the district court’s denial of his federal habeas petition.

I. Facts and Procedural History

On January 18, 1997, Torres and three other individuals burglarized the home of Robert Bryan to steal marijuana and cash. Bryan was bound, hit, and at the conclusion of the burglary was left face down on the floor. Bryan’s body, still bound on the floor of his residence, was found on January 25, 1997. He had died from deprivation of food and water. Torres was indicted in Florida state…