Joseph Flores v. Lorie Davis, Director

Summary

Fifth Circuit affirmed denial of § 2254 habeas relief, holding that trial counsel was not ineffective for failing to strike a venireman who stated his past crime victim experience "would affect [his] ability to be fair." The ambiguous voir dire response did not demonstrate actual bias, and the state court's implicit finding of no bias was entitled to AEDPA deference. Flores failed to rebut that finding with clear and convincing evidence, so the Strickland claim failed.

Holdings

1. The state court's decision denying Flores's ineffective assistance claim was not contrary to or an unreasonable application of clearly established federal law. The juror's ambiguous statement did not demonstrate actual bias, and Flores failed to rebut the presumption of correctness with clear and convincing evidence.

Questions Presented

1. Whether trial counsel provided ineffective assistance by failing to challenge or strike Venireman #38 for alleged bias.

Disposition

affirmed