Eleventh Circuit: Johnny L. Marshall v. Secretary, Florida Department of Corrections, et al.

Habeas, Ineffective Assistance, Fourth Amendment, AEDPA


Habeas for ineffective assistance denied where counsel did not attempt to suppress identification made after suspect was transported back to the scene of the crime during a Terry stop.

Concurrence: State statute prohibits doing that during a Terrry stop, but AEDPA prohibits the writ, since the state statutory argument wasn't made in state Habeas.

Johnny L. Marshall v. Secretary, Florida Department of Corrections, et al.