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Criminal Law

: Defense Newsletter Blog

Doorball: State waiver dooms federal habeas petition

By Tim Cone

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In Doorbal v. Dept. of Corrections, No. 08-15869 (June 29, 2009), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for 1994 and 1995 murders.The Court found that the Florida Supreme Court had earlier ruled that Doorbal?s claim of ineffective assistance of counsel was waived because he failed to present the issue on appeal in the Florida state courts. Doorbal could not overcome this procedural default in federal courts, because it was an independent and adequate state ground for denying federal review.

Full post as published by Defense Newsletter Blog on July 01, 2009 (boomark / email).

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