Lott v. Att'y. Gen., State of Fla., No. 09-14196
In a capital habeas matter, petitioner's application for a certificate of appealability is denied where: 1) jurists of reason would not debate the correctness of the district court's denial of petitioner's claim of ineffective assistance of counsel in investigating an alibi defense; and 2) reasonable jurists would not find debatable the district court's conclusion that petitioner could not show prejudice as to this claim.
Filed January 25, 2010
Opinion by Judge Hull