Evans v. Secretary, Department of Corrections
2013 U.S. App. LEXIS 296
| 11th Cir. | 2013Background
- Evans killed Angel Johnson two days after prison release; guilt phase showed premeditated murder.
- Penalty phase: state evidence of Evans’s prior violent convictions; defense portrayed Evans positively.
- Trial court sentenced Evans to death; Florida Supreme Court affirmed direct appeal conviction and sentence.
- Postconviction: Evans offered new mitigation evidence (head injury, brain damage, impulse control, extensive violence history) not raised at trial.
- State postconviction court and Florida Supreme Court rejected prejudice under Strickland, finding mitigation would be more harmful than helpful.
- Federal district court denied habeas; Eleventh Circuit panel later vacated and then reheard en banc, ultimately affirming denial of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether the Florida court reasonably applied Strickland prejudice | Evans | Florida | Florida court reasonably denied prejudice |
| whether Belmontes and Pinholster require a different result | Evans | Florida | Belmontes/Pinholster support deference; no reversal |
| whether Porter compels de novo prejudice review | Evans | Florida | Porter does not compel reversal; no de novo prejudice required |
| whether AEDPA deference applies to the prejudice ruling | Evans | Florida | AEDPA deference applies; Florida decision reasonable |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (deficiency and prejudice prongs of ineffective assistance)
- Wiggins v. Smith, 539 U.S. 510 (U.S. 2003) (duty to investigate mitigating evidence; totality of mitigation)
- Porter v. McCollum, 130 S. Ct. 447 (U.S. 2010) (reaffirmed need to consider postconviction mitigation; prejudice analysis from jury perspective)
- Belmontes v. Belmontes, 130 S. Ct. 389 (U.S. 2010) (counsel's failure to introduce mitigating brain damage evidence; risk of rebuttal)
- Cullen v. Pinholster, 131 S. Ct. 1388 (U.S. 2011) (limitation on mitigating evidence; opening door to rebuttal evidence)
- Porter v. Crosby, Porter v. Crosby, 2007 WL 1747316 (N.D. Fla. 2007) (Porter-related discussion cited in §context; not official reporter citation; used for principle)
- Reed v. State, 875 So.2d 436 (Fla. 2004) (mitigation as double-edged sword; potential harm vs. benefit)
- Suggs v. McNeil, 609 F.3d 1218 (11th Cir. 2010) (antisocial personality disorder often more harmful than mitigating)
- Ponticelli v. Sec’y, Fla. Dep’t of Corr., 690 F.3d 1271 (11th Cir. 2012) (two-edged sword and mitigation weighing under Strickland)
- Cummings v. Sec’y for Dep’t of Corr., 588 F.3d 1331 (11th Cir. 2009) (mitigation evidence may be damaging; reasonable applications vary)