Peterka v. McNeil

532 F.3d 1199, 2008 U.S. App. LEXIS 14001, 2008 WL 2600671
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 2, 2008
Docket07-12363
StatusPublished
Cited by25 cases

This text of 532 F.3d 1199 (Peterka v. McNeil) 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
Peterka v. McNeil, 532 F.3d 1199, 2008 U.S. App. LEXIS 14001, 2008 WL 2600671 (11th Cir. 2008).

Opinion

ANDERSON, Circuit Judge:

Daniel Jon Peterka appeals the district court’s denial of his federal habeas petition in this death penalty case. According to the certificate of appealability that we issued, the sole question on appeal is whether Peterka’s trial counsel were ineffective at the penalty phase. 1 Peterka argues that his penalty-phase counsel were ineffective for failing to investigate and present three types of potentially mitigating evidence: (1) evidence concerning Peter-ka’s military record; (2) evidence concerning Peterka’s good prison behavior, including his failure to take advantage of an escape by his cellmates; and (3) evidence in the nature of his family relationships and good character. For the reasons explained below, we affirm the district court’s denial of Peterka’s petition.

I. STANDARD OF REVIEW

This Court reviews de novo the district court’s denial or grant of a federal habeas petition sought under 28 U.S.C. § 2254. McNair v. Campbell, 416 F.3d 1291, 1297 (11th Cir.2005). Nonetheless, pursuant to § 2254 as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), we, like the district court, owe deference to the final state habeas judgment; accordingly, our review of the state ruling is “greatly circumscribed and highly deferential to the *1201 state courts.” Stewart v. Sec’y, Dep’t of Corr., 476 F.3d 1193, 1208 (11th Cir.2007) (internal citation and quotation marks omitted). Specifically, we may grant federal habeas relief for a claim adjudicated on the merits in state court only if the state court adjudication resulted in a decision that was “(1) ... contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) ... based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d); Stewart, 476 F.3d at 1208. Furthermore, we presume that the state courts’ factual determinations are correct unless the petitioner rebuts the presumption of correctness by clear and convincing evidence. Stewart, 476 F.3d at 1208.

Because Peterka has not challenged the state courts’ determination of the facts, much less presented clear and convincing evidence to support such a challenge, the second prong — § 2254(d)(2) — is inapplicable to our analysis. Thus, to decide whether federal habeas relief is appropriate, we look to the first prong— § 2254(d)(1) — under which the Supreme Court has explained that the writ may issue when either of two conditions are met:

Under the “contrary to” clause, a federal habeas court may grant the writ if the state court arrives at a conclusion opposite to that reached by this Court on a question of law or if the state court decides a case differently than this Court has on a set of materially indistinguishable facts. Under the “unreasonable application” clause, a federal habeas court may grant the writ if the state court identifies the correct governing legal principle from this Court’s decisions but unreasonably applies that principle to the facts of the prisoner’s case.

Williams v. Taylor, 529 U.S. 362, 412-13, 120 S.Ct. 1495, 1523, 146 L.Ed.2d 389 (2000) (opinion of O’Connor, J., writing for a majority of the Court).

Regarding the “contrary to” clause, the Williams Court noted that “[a] state-court decision will certainly be contrary to our clearly established precedent if the state court applies a rule that contradicts the governing law set forth in our cases.” Id. at 406, 120 S.Ct. at 1519. By way of example, the Court explained that if a state court applies a “preponderance” standard in a situation where precedent established that a “reasonable probability” standard governs, such a decision would be contrary to the Court’s clearly established precedent. Id.

In contrast, if a state court identifies and applies the correct governing rule from the Supreme Court’s cases, we look to the “unreasonable application” clause and examine “whether the state court’s application of clearly established federal law was objectively unreasonable” given the facts of the particular prisoner’s case. Id. at 407-08, 410, 120 S.Ct. at 1520-21. Notably, however, “an unreasonable application of federal law is different from an incorrect or erroneous application of federal law.” Id. at 412, 120 S.Ct. at 1523. Accordingly, “a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable.” Id. at 411, 120 S.Ct. at 1522.

II. BACKGROUND

A. The Crime, the Trial, and the Direct Appeal

The parties do not dispute the basic relevant facts regarding Peterka’s shooting of his roommate, John Russell, or the *1202 facts regarding Peterka’s trial and subsequent direct appeal. As such, we rely on the following version of the case from the Florida Supreme Court’s opinion denying Peterka postconviction relief:

Briefly stated, Peterka fled Nebraska in February 1989 after being sentenced to a one-year prison term for theft. He reappeared in Niceville, Florida, and sometime in April 1989, he moved into a rental duplex with Russell because Russell was having difficulty paying the rent. On June 27, 1989, Peterka obtained a duplicate driver’s license with his picture and Russell’s name. Peterka then cashed a $300 money order that was payable to Russell and had been mailed to Russell by a relative. Russell suspected that Peterka had stolen the money order but told several people that he was not going to confront Peterka, who kept a gun at the house.
Russell was reported missing by his friend and co-worker, Gary Johnson, on July 13, 1989. Sheriffs Deputy Daniel Harkins questioned Peterka about Russell’s whereabouts, and subsequently ran Peterka’s name and birth date in the sheriffs office’s computer, which indicated that Peterka was a fugitive from Nebraska with an outstanding warrant. Peterka was arrested early the next morning.
On July 18, 1989, Peterka gave a statement to police in which he admitted shooting Russell. This Court[, the Florida Supreme Court,] summarized Peter-ka’s statement as follows:
Peterka forged Russell’s signature and cashed the money order. He paid Russell one hundred dollars to use Russell’s identification.

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Bluebook (online)
532 F.3d 1199, 2008 U.S. App. LEXIS 14001, 2008 WL 2600671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterka-v-mcneil-ca11-2008.