Antonio Bernard Cochran v. David Frazier

377 F. App'x 870
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 3, 2010
Docket09-14520
StatusUnpublished
Cited by2 cases

This text of 377 F. App'x 870 (Antonio Bernard Cochran v. David Frazier) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Antonio Bernard Cochran v. David Frazier, 377 F. App'x 870 (11th Cir. 2010).

Opinion

PER CURIAM:

Antonio Bernard Cochran appeals, pro se, the district court’s denial of his 28 U.S.C. § 2254 habeas petition. Cochran was convicted in 1998 of felony murder, aggravated assault, and possession of a firearm, after shooting an unarmed person who approached his car. He argues that he received ineffective assistance of counsel on appeal because his attorney failed to argue the ineffectiveness of his trial attorney in not requesting a jury instruction on the use of force in defense of habitation. Cochran claims that in Benham v. State, *871 277 Ga. 516, 591 S.E.2d 824 (2004), the Georgia Supreme Court found on similar facts that an attorney’s failure to request an instruction on the specific defense of habitation was ineffective assistance of counsel. Therefore, Cochran argues, the state habeas court’s denial of his ineffective-assistance claim was contrary to or an unreasonable application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). He also contends that the state court decision was based on an unreasonable determination of the facts. Moreover, he asserts that the state habeas court violated the Georgia Constitution by not following the decision of the Georgia Supreme Court in Benham.

When reviewing the denial of a § 2254 petition, we review “questions of law and mixed questions of law and fact, including ineffective assistance of counsel claims, de novo, and review[s] findings of fact for clear error.” Pardo v. Secretary, Florida Dept. of Corrs., 587 F.3d 1093, 1098 (11th Cir.2009). We may decline to address an issue where a party fails to provide arguments on the merits in its brief. See United States v. Gupta, 463 F.3d 1182, 1195 (11th Cir.2006).

A federal court may not grant a writ of habeas corpus for a state prisoner where the claim was adjudicated on the merits by a state court unless the state habeas court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C.'§ 2254(d)(1). A federal court may grant relief, however, if the state court’s adjudication of the claim “resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” Id. at § 2254(d)(2).

A state court decision is “contrary to” clearly established federal law if either “(1) the state court applied a rule that contradicts the governing law set forth by Supreme Court case law, or (2) when faced with materially indistinguishable facts, the state court arrived at a result different from that reached in a Supreme Court case.” Putman v. Head, 268 F.3d 1223, 1241 (11th Cir.2001). “[O]nly Supreme Court precedent can clearly establish the law.” Van Poyck v. Florida Dept. of Corrs., 290 F.3d 1318, 1322 n. 4 (11th Cir.2002). An “unreasonable application” of clearly established federal law may occur if the state court “identifies the correct legal rule from Supreme Court case law but unreasonably applies that rule to the facts of the petitioner’s case.” Putman, 268 F.3d at 1241. “An unreasonable application may also occur if a state court unreasonably extends, or unreasonably declines to extend, a legal principle from Supreme Court case law to a new context.” Id.

Criminal defendants have a right to effective assistance of counsel. Strickland, 466 U.S. at 684-86, 104 S.Ct. at 2063. To prevail on a claim of ineffective assistance of counsel, the defendant must demonstrate both (1) that his counsel’s performance was deficient, i.e., the performance fell below an objective standard of reasonableness, and (2) that he suffered prejudice as a result of that deficient performance. Id. at 687-88, 104 S.Ct. at 2064-65. A court need not “address both components of the inquiry if the defendant makes an insufficient showing on one.” Id. at 697, 104 S.Ct. at 2069. “The inquiry into whether a lawyer has provided effective assistance is an objective one: a petitioner must establish that no objectively competent lawyer would have taken the action that his lawyer did take.” Van Poyck, 290 F.3d at 1322.

“To establish deficient performance, a defendant must show that his counsel’s representation fell below an objective *872 standard of reasonableness in light of prevailing professional norms at the time the representation took place.” Cummings v. Secretary for Dept. of Corrections, 588 F.3d 1331, 1356 (11th Cir.2009) (quotation omitted). “In judging the reasonableness of counsel’s performance, the issue is not what is possible or what is prudent or appropriate, but only what is constitutionally compelled[, and performance must fall] .... outside the wide range of professionally competent assistance” to be considered deficient. Id. (quotation omitted). “The Federal Constitution imposes one general requirement: that counsel make objectively reasonable choices.” Id. (quotation omitted). “Courts indulge a strong presumption that counsel’s performance was reasonable and that counsel made all significant decisions in the exercise of reasonable professional judgment.” Id. (quotation omitted). We have “held many times that reasonably effective representation cannot and does not include a requirement to make arguments based on predictions of how the law may develop.” Spaziano v. Singletary, 36 F.3d 1028, 1039 (11th Cir.1994) (quotation omitted).

Georgia law allows a person to use force to prevent or terminate another person’s unlawful entry into or attack upon a habitation. However, the person may only use deadly force if, inter alia, “the entry is attempted in a violent and tumultuous manner and he reasonably believes that the entry is attempted ... for the purpose of assaulting or offering personal violence to any person ... therein and that such force is necessary to prevent the assault or offer of personal violence.” See O.C.G.A. § 16-3-23(1) (1997). In July 1998 the Georgia legislature added to the governing statutory title a definition of habitation, and such definition included a motor vehicle. O.C.G.A.

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Bluebook (online)
377 F. App'x 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/antonio-bernard-cochran-v-david-frazier-ca11-2010.