Jerome Antonio Lundy v. Secretary, Florida Department of Corrections

Summary

The United States District Court for the Middle District of Florida denied Jerome Antonio Lundy’s amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court rejected his ineffective-assistance-of-trial-counsel claim concerning alleged advice about a plea offer and sentencing consequences, dismissed the action with prejudice, and denied a certificate of appealability.

Holdings

1. Lundy was not entitled to federal habeas relief because the state courts reasonably rejected his ineffective-assistance claim. The state court's credibility findings that no ten-year plea offer was made and that counsel's testimony regarding his customary practice was credible were not rebutted by clear and convincing evidence.
2. No federal evidentiary hearing was warranted because the existing record adequately resolved the claim and otherwise precluded habeas relief.
3. A certificate of appealability was denied because Lundy did not make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether trial counsel provided ineffective assistance by failing to advise Lundy adequately about the sentencing consequences of proceeding to trial.
2. Whether trial counsel was ineffective in connection with a purported ten-year plea offer.
3. Whether an evidentiary hearing was required in the federal habeas proceeding.
4. Whether Lundy was entitled to a certificate of appealability.

Disposition

dismissed