In Rolling v. Crosby, No. 05-14252 (Feb. 9, 2006), the Court affirmed the denial of federal habeas relief to a defendant sentenced to death for the 1990 homicides in Gainsville, Florida, of five students.
The Florida Supreme Court had previously rejected Rolling’s claim that counsel was ineffective for not seeking a change of venue, out of Gainsville, until after jury selection commenced, at which time counsel becaume convinced that the jury was likely to recommend a sentence of death. The Florida Supreme Court relied on counsel’s statements that they initially thought Gainsville was a good place for a trial, given the well-educated community in Alachua County. This finding was entitled, post-AEDPA, to deference unless it was "unreasonable." The Court noted that the lawyers’ judgment was based on years of experience in criminal defense.
