Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Cole v. Roper, No. 09-1213

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."

Related Resources

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options