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Lott: Habeas Petitioner Not Entitled to COA

By Tim Cone

In Lott v. Florida Attorney General, No. 09-14196 (Jan. 25, 2010), the Court held that a habeas petitioner had not made a substantial showing of the denial of a constitutional right, and therefore was not entitled to a certificate of appealability from the denial of a habeas petition.Lott claimed that his counsel was ineffective for failing to put on an alibi defense. However, counsel investigated the alibi defense and found no support for it. A potential alibi witness declined to testify because she would not ?lie for Lott anymore.? Moreover, Lott himself voluntarily chose not to testify in support of his alibi defense.

Full post as published by Defense Newsletter Blog on January 29, 2010 (boomark / email).