Powell v. Secretary, Department of Corrections (Duval County), 3:21-cv-01119

Tyrone Powell, serving a 30-year sentence for three counts of aggravated assault and one count of burglary, challenged his conviction via a 28 U.S.C. § 2254 federal habeas petition.
Powell also filed a motion to stay and abey the proceedings to pursue exhaustion of a Brady/Giglio claim based on newly discovered evidence related to co-defendant Williams' alleged undisclosed plea agreement.
Powell asserted multiple ineffective assistance of counsel claims, a double jeopardy claim, and a claim of insufficient evidence for his burglary conviction.
The state conceded the original habeas petition was timely but argued the Brady/Giglio claim was untimely and meritless.
The federal district court reviewed and denied all ten grounds for relief, finding them procedurally barred, untimely, or lacking in merit.

Issue	Powell's Argument	State's Argument	Held
Stay for Brady/Giglio claim	Williams’ post-trial sentencing transcript showed undisclosed cooperation, violating Brady/Giglio	New claim is both meritless and untimely; post-trial events do not show prior undisclosed agreement	Denied; claim untimely and plainly meritless
Ineffective assistance—advising not to testify	Counsel discouraged him from testifying based on drugs/alcohol & legal misadvice about principal theory	Powell knowingly waived right to testify after being fully informed; advice was a reasonable trial strategy	Denied; no deficient performance or prejudice
Ineffective assistance—failure to impeach Williams	Counsel failed to impeach Williams with his inconsistent prior statements to police	Cross-examination sufficiently impeached Williams; additional impeachment would not have changed verdict	Denied; not deficient and no prejudice
Double jeopardy	Trial court terminated first trial and discharged jury without his consent, violating double jeopardy	Powell knowingly and voluntarily waived the right; claim is also procedurally defaulted	Denied; claim barred by waiver and procedural default

Rhines v. Weber, 544 U.S. 269 (district courts may stay mixed habeas petitions in limited circumstances)
Brady v. Maryland, 373 U.S. 83 (due process requires disclosure of material exculpatory evidence by prosecution)
Giglio v. United States, 405 U.S. 150 (prosecutors must disclose evidence affecting witness credibility)
Strickland v. Washington, 466 U.S. 668 (sets standard for ineffective assistance of counsel)
Harrington v. Richter, 562 U.S. 86 (standards for federal habeas review under AEDPA)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence claims in federal habeas)
Lafler v. Cooper, 566 U.S. 156 (Sixth Amendment ineffective assistance standard applies to plea negotiations)
Missouri v. Frye, 566 U.S. 134 (counsel’s failure regarding plea offers implicates Sixth Amendment)