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Allen: Defendant Can Blame Counsel for His Own Litigation Decision

By Tim Cone

In Allen v. Sec. Fla. Dep?t of Corrections, No. 09-13217 (July 14, 2010), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 1991 murder.The Court rejected Allen?s argument that the Florida state courts incorrectly failed to consider the errors in his trial cumulatively. The Court noted that the cumulative error issue was briefed in the Florida courts, and Florida law requires courts to consider the cumulative impact of errors.The Court also rejected Allen?s argument that counsel was ineffective in failing to put on mitigating evidence at the penalty phase of his trial. The Court pointed out that Allen specifically instructed counsel not to present mitigating evidence. ?Allen . . . does not have the right to escape the consequences of his own decision not to present any mitigating circumstances evidence by shifting the blame for it to someone else...continue to full post

Full post as published by Defense Newsletter Blog on July 15, 2010 (boomark / email).