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Fotopoulos: Not Ineffective Not to Challenge Inconsistent Theories

By Tim Cone

In Fotopoulos v. Secretary, Dep?t of Corrections, No. 07-11105 (Feb. 17, 2008), the Court reversed the grant of habeas relief to a Florida inmate sentenced to death for two 1989 murders.The Court rejected the fact-finding that Fotopoulos?s counsel was ineffective for allowing the state to put on inconsistent theories regarding Fotopoulos? guilty, one which emphasized his domination of his accomplice, and one which did not. The Court found that defense counsel?s testimony indicated that he made a reasonable strategic decision on how to address the inconsistent arguments of the State ? and the district court should have deferred to the fact-finding by the State of Florida on this point. Finally, no prejudice to Fotopoulos occurred, as he acknowledged his "prime responsibility" for the murders...continue to full post

Full post as published by Defense Newsletter Blog on February 19, 2008 (boomark / email).