David Livingston Funchess v. Louie L. Wainwright, Secretary, Florida Dept. Of Offender Rehabilitation

FAY, Circuit Judge:

In 1975, appellant David Funchess was convicted in Florida on two counts of first degree murder. He was given the death sentence on each count. After seeking relief from the state courts, appellant filed a petition for writ of habeas corpus in the Federal District Court for the Middle District of Florida. The district court denied the requested relief. On appeal, Funchess raises the following issues: (1) the use of nonrecord material by the Florida Supreme Court in affirming Funchess’ conviction and sentence; (2) ineffective assistance of counsel at the penalty phase of the…