Eleventh Circuit: Brandon Jones v. GDCP Warden

AEDPA, Habeas

Petition for recall of madate resulting from earlier Habeas is a second/successive petition.

No merit in stay pending upcoming en banc holding on whether summary/brief affirmance by highest state court is the final state decision for purposes of federal habeas review, as it would not alter the merits of the underlying Strickland claim.

Insufficient miscarriage of justice to justify recall of mandate sua sponte.

http://media.ca11.uscourts.gov/opinions/pub/files/201114774.ord.pdf

[CB Editorial: The death penalty is morally unjustifiable.]