Pardo v. Sec'y., Fla. Dept. of Corr., No. 08-14053

In a capital habeas matter, the denial of petitioner's petition is affirmed where: 1) the trial court was not required to hold a sua sponte hearing on petitioner's competence to testify, because petitioner expressly declined the trial court's offer to hold a competency hearing, his attorney stipulated to his competence, and four mental health experts testified that he was competent; 2) there was no evidence submitted to the trial judge of any physical ailments suffered by petitioner which would have affected his competence; and 3) based on five experts' testimony that petitioner was competent, defense counsel made a reasonable investigation of petitioner's mental state.

Read Pardo v. Sec'y., Fla. Dept. of Corr., No. 08-14053

Appellate Information

Filed November 10, 2009

Judges

Opinion by Judge Birch