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Cole v. Roper, No. 09-1213

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By FindLaw Staff on November 05, 2010 4:01 PM

Capital Habeas Matter

In Cole v. Roper, No. 09-1213, a capital habeas matter, the court affirmed the denial of the petition where 1) the state court's factual findings regarding the three proffered similarly situated jurors in response to petitioner's Batson challenge were accorded a presumption of correctness; 2) with the strong expert testimony already in the hands of the state at the time of trial, it was unlikely that petitioner suffered any prejudice from counsel's failure to call more favorable expert or lay witnesses; and 3) evidence of petitioner's disposition to make a well-behaved and peaceful adjustment to life in prison was relevant mitigating evidence but counsel's failure to offer such evidence was not constitutionally deficient.

 

As the court wrote:  "Andre Cole appeals the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus. The district court certified nine claims for appeal, and upon review of these claims, we affirm the denial of relief."

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