Matthew Johnson v. Secretary, Florida Department of Corrections
680 F. App'x 869
| 11th Cir. | 2017Background
- Matthew Johnson, a Florida prisoner serving 30 years for lewd or lascivious molestation of a child, filed a 28 U.S.C. § 2254 habeas petition challenging trial counsel’s effectiveness.
- The district court denied relief and granted a certificate of appealability on two Strickland-based claims: (1) counsel failed to present testimony of the victim’s brother who later averred he did not see the offense; (2) counsel failed to introduce court records showing Johnson was incarcerated for portions of the alleged timeframe.
- At trial the victim testified her brother was in the room during the incident; the brother’s post-conviction affidavit said he saw no inappropriate touching.
- Trial counsel elicited testimony from Johnson’s father about jail stays (Jan–Sept 2003; Jul–Nov 2004) and argued those gaps in closing, but did not introduce official jail records.
- The state court denied relief on the brother-testimony claim on the merits; it did not address the record-evidence ineffective-assistance claim, prompting appellate discussion of AEDPA deference vs. de novo review.
- The Eleventh Circuit affirmed: the brother’s affidavit would not have contradicted the victim’s testimony, and counsel’s presentation of jail-time testimony (and the limited value of records) did not establish prejudice.
Issues
| Issue | Johnson's Argument | State/Respondent's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not presenting the victim’s brother to impeach the victim | Brother later swore he saw no touching; his testimony would have impeached victim and undermined conviction | Brother’s testimony would not have contradicted victim—she said brother was in room, not that he saw the act; omission not prejudicial | Denied — no Strickland prejudice; brother’s testimony would not have altered outcome |
| Whether counsel was ineffective for failing to introduce jail/court records showing incarceration during much of the alleged timeframe | Records would narrow timeframe and cast doubt on ability to commit offense | Counsel already elicited father’s testimony about jail stays and argued it; records would not establish innocence or substantially change outcome | Denied — counsel’s performance reasonable and no Strickland prejudice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
- Harrington v. Richter, 562 U.S. 86 (2011) (deferential Strickland review and interaction with AEDPA)
- Bell v. Cone, 535 U.S. 685 (2002) ("objectively unreasonable" standard under AEDPA for legal error)
- Bester v. Warden, 836 F.3d 1331 (11th Cir. 2016) (standard of review for § 2254 claims and AEDPA presumption)
- Windom v. Sec'y, Dep't of Corr., 578 F.3d 1227 (11th Cir. 2009) (either Strickland prong can be addressed first)
- Gissendaner v. Seaboldt, 735 F.3d 1311 (11th Cir. 2013) (rarity of finding ineffective-assistance claims meriting federal habeas relief)
