Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, June 29, 2011

Jones: Counsel Not Assumed to be ineffective Despite Comment

In Jones v. Sec. Dep’t of Corrections, No. 08-12289 (June 28, 2011), the Court denied habeas relief to a Florida inmate on death row for two 1987 murders.

The Court deferred to the Florida courts’ determination that defense counsel was not ineffective, even after he stated in open court: “I want nothing further to do with [my client].” The Court stated: “We do not – and the law does not – assume that lawyers will fail to do their duty, even when the duty is painful and difficult.”