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Denial of Petitioner's Application for Certificate of Appealability in Capital Habeas Matter Upheld

By FindLaw Staff on June 02, 2010 | Last updated on March 21, 2019

In Jones v. Sec'y., Dept. of Corrs., No. 10-11497, a capital habeas matter, the court of appeals affirmed the denial of petitioner's application for a certificate of appealability, holding that 1) the record supported the finding that petitioner's attorneys made the tactical decision described by the Florida Supreme Court, and it was not debatable that the ruling of that court was a reasonable application of clearly established federal law; 2) the record supports the description of the evidence by the Florida Supreme Court; 3) petitioner did not explain how the introduction of this evidence violated his constitutional rights; and 4) petitioner's attorneys investigated his mental health, and they presented expert testimony regarding his mental functioning and drug addiction.

As the court wrote:  "David Wyatt Jones is a Florida inmate sentenced to death who seeks a
certificate of appealability to appeal the denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2254. Jones has failed to make a substantial showing of the denial of a constitutional right. We deny his application for a certificate of appealability."

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