You can read the full opinion Arvelo v. Secretary, FL DOC, No. 14-11441 (11th Cir. 2015)
The court held that the state court’s decision that petitioner had waived his ineffective assistance claim by entering a plea was contrary to clearly established federal law, and the court rejected the district court’s alternative reasons for denying petitioner's claim. Petitioner's allegation, if true, would entitle him to habeas relief. Because neither the state habeas court nor the district court afforded petitioner the opportunity to develop the factual basis for this claim, the record before the court is insufficient to properly resolve the petition. Accordingly, the court reversed and remanded for the district court to hold an evidentiary hearing and to reconsider petitioner's claim.
Thursday, June 11, 2015
Prisoner Wins Claim in the 11th Circuit
In an opinion dated yesterday, the Eleventh Circuit Court of Appeals ruled in favor of a prisoner on his claim that he was questioned in violation of his Miranda rights and his lawyer was ineffective for failing to move to suppress the statements he made during that interrogation: