Kokal v. Secretary, Dep't of Corrections

Before TJOFLAT, BLACK and MARCUS, Circuit Judges.

In this capital case, Gregory Alan Kokal claims that he was denied the effective assistance of counsel in violation of the Sixth Amendment. Kokal was sentenced to die by a Florida state court for the first degree murder of Jeffrey Russell, a sailor in the United States Navy. During post-conviction proceedings, the Florida Supreme Court concluded that Kokal’s trial counsel was not constitutionally ineffective in preparing for the sentencing phase of his trial. Kokal again raised a Strickland claim in this federal habeas corpus petition alleging that his trial counsel failed to investigate mitigating mental health evidence. The federal district court likewise denied this § 2254 petition in full. Kokal now appeals that judgment in our Court. After thorough review, we too conclude that the state court’s determination was neither contrary to nor an unreasonable application of clearly established federal law. Accordingly, we affirm the district court’s decision and deny the petition.