790 F.3d 1259
11th Cir.2015Background
- French was convicted of two counts of aggravated child molestation in Georgia based on claims by his daughter and her friend.
- Before trial, evidence that B.F. falsely accused French of kidnapping was sought to impeach credibility but motion in limine was granted to exclude it.
- French’s attorney did not proffer the suspect kidnapping incident for appellate review and did not raise it during trial.
- Georgia Court of Appeals declined to address the kidnapping-impeachment issue on direct appeal due to the lack of a proper proffer.
- In state habeas proceedings, the court found no prejudice from counsel’s performance and adopted the attorney’s testimony.
- On federal review, the district court and court of appeals adhered to AEDPA standards and denied relief; affidavits not in state record were not considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel's failure to perfect the appellate record was deficient performance | French | French | Yes; failure to proffer violated procedure and was deficient |
| Whether the deficient performance prejudiced the defense on appeal | French | Georgia Court of Appeals | No; no reasonable likelihood of different outcome given record |
| Whether the Confrontation Clause claims were properly preserved and reviewable | French | State | Procedurally barred; not fairly presented to state courts |
| Whether the district court erred in not allowing supplementation/remand for evidentiary hearing | French | State | Denied; record before state court controls § 2254(d)(1) review |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes deficient performance and prejudice prongs)
- Cullen v. Pinholster, 563 U.S. 170 (U.S. 2011) (review on § 2254(d)(1) is limited to state court record)
- Harrington v. Richter, 562 U.S. 86 (U.S. 2011) (deference under AEDPA; high bar for relief)
- Davis v. Sec’y for Dep’t of Corr., 341 F.3d 1310 (11th Cir. 2003) (prejudice inquiry for preserved claims on appeal)
- Wiggins v. Smith, 539 U.S. 510 (U.S. 2003) (treats Strickland prejudice with respect to counsel's performance)
- Jones v. Walker, 540 F.3d 1277 (11th Cir. 2008) (en banc; standards for de novo review when state court ruling is on the merits)
- Delaware v. Van Arsdall, 475 U.S. 673 (U.S. 1986) (Confrontation Clause cross-examination relevance and bias)
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963) (right to counsel in criminal trials)