Eleventh Grants Capital Habeas Relief, But Only After Applying "Double Deference" Standard to Ineffective Claim

Johnson v. Secretary, DOC, No. 09-15344 (11th Cir. June 14, 2011) Eleventh CIrcuit granted habeas to a Florida capital defendant sentenced to death in 1980 based on an ineffective assistance of counsel claim. Johnson, citing Harrington v. Richter, ___ U.S. ___, 131 S.Ct. 770, 785-86 (2011) Only if “there is no possibility fairminded jurists could disagree that the state court’s decision conflicts with [the Supreme] Court’s precedents” may relief be granted. Id., 131 S.Ct. at 786. When combined with the extra layer of deference that § 2254 provides, the result is double deference and the question becomes whether “there is any reasonable argument that counsel satisfiedStrickland’s deferential standard.” Id., 131 S.Ct. at 788.