Legal Opinion

Cummings v. Secretary for the Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided December 4, 2009No. 09-12416PublishedCited by 117 opinions

1Opinion of the Court

HULL, Circuit Judge:

Florida death row inmate Frederick W. Cummings 1 petitioned the district court, pursuant to 28 U.S.C. § 2254, for a writ of habeas corpus. After review and oral argument, we conclude that Cummings’s trial counsel did not provide ineffective assistance in the investigation and presentation of mitigation evidence at the penalty phase of Cummings’s murder trial. Thus, Cummings’s § 2254 petition must be denied.

I. BACKGROUND

A. Facts of the Crime

In Florida state court, Cummings was convicted of murdering his girlfriend Kathy Good (after she obtained a restraining order against…

2Cases cited43 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. Schriro v. LandriganSupreme Court of the United States · 2007
  5. Rompilla v. BeardSupreme Court of the United States · 2005

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3Cited by117 opinions

  1. Jones v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
  2. Ledford v. Warden, Georgia Diagnostic & Classification PrisonCourt of Appeals for the Eleventh Circuit · 2016
  3. Evans v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2013
  4. Donald Dallas v. WardenCourt of Appeals for the Eleventh Circuit · 2020
  5. Allen v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2010

112 more not listed; retrieve them via the Exa API.

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