In Gamble v. Sec’y Dep’t Corrections, No. 05-14334 (May 31, 2006), the Court denied habeas relief to a Florida inmate sentenced to death for a 1991 murder.
Applying the deferential AEDPA standard of review, the Court found no error in the Florida Supreme Court’s determination that there was no Farretta violation in the trial court’s failure to conduct an inquiry into the defendant’s wish to represent himself, because the defendant, in fact, never asked to represent himself. Instead, he asked for substitute counsel. The Court agreed with the Florida Supreme Court that that since there was no merit to the Farretta issue, appellate counsel had not been ineffective in failing to raise it on direct appeal. Finally, the Court found no ineffectiveness in counsel’s failure, at the penalty phase, to argue that the murder was not committed for pecuniary gain (an aggravator). The Court pointed out that the jury’s contrary verdict on this point at the guilt phase made such an argument "preposterous."
