Eleventh Circuit Court of Appeals - Published Opinions
Monday, May 05, 2014
Henry: Habeas petitioner failed to show cause and prejudice
In Henry v. Warden, No. 12-16552 (May 2, 2014) (2-1, Wilson, J. dissenting), the Court affirmed the denial of habeas relief to a Georgia death row inmate. The Court found that Henry had not established “cause and prejudice” for failing to raise an issue in the state courts – a claim that a holdout juror had been improperly removed from the jury. The Court found that Henry’s appellate counsel in state court acted in an objectively reasonable manner when he decided not to investigate the claim, and faulted Henry for failing to raise the issue adequately in his subsequent federal habeas proceedings.