Legal Opinion

Kenneth Allen Stewart v. Secretary, Dept. of Corr.

Court of Appeals for the Eleventh Circuit

Decided January 31, 2007No. 06-11684PublishedCited by 70 opinions

1Opinion of the Court

HULL, Circuit Judge:

In this capital case, Kenneth Stewart appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The only issues on which Stewart was granted a certificate of appealability are whether Stewart’s trial counsel was ineffective in failing to: (1) provide the mental health expert witness with all available information to identify possible mitigating circumstances; and (2) adequately investigate and prepare mitigating evidence for the penalty phase. After review and oral argument, we affirm.

I. BACKGROUND

A. Guilt Phase

In August 1986, a jury…

2Cases cited28 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Crawford v. WashingtonSupreme Court of the United States · 2004
  4. Ring v. ArizonaSupreme Court of the United States · 2002
  5. Rompilla v. BeardSupreme Court of the United States · 2005

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3Cited by70 opinions

  1. Terrell M. Johnson v. Secretary, DocCourt of Appeals for the Eleventh Circuit · 2011
  2. Freeman v. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2008
  3. Cummings v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2009
  4. Newland v. HallCourt of Appeals for the Eleventh Circuit · 2008
  5. Leroy Pooler v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012

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

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