Raymond R. Stone v. Richard L. Dugger, Tom Barton, 837 F.2d 1477 (11th Cir. 1988). · Go Syfert
Raymond R. Stone v. Richard L. Dugger, Tom Barton, 837 F.2d 1477 (11th Cir. 1988). Cases Citing This Book View Copy Cite
21 citation events (6 in the last 25 years) across 6 distinct courts.
Strongest positive: Hall v. United States (alnd, 2024-12-19)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 11 distinct citers.
discussed Cited as authority (rule) Hall v. United States
N.D. Ala. · 2024 · confidence medium
However, Cronic represents a narrow exception to the general framework for assessing ineffective assistance, and “the burden of proof under Cronic is a very heavy one.” Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir. 1988) (emphasis and quotation marks omitted).
cited Cited as authority (rule) United States v. Prince Toburas Jermaine Rolle
11th Cir. · 2020 · confidence medium
Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir. 1988).
discussed Cited as authority (rule) Johnson v. Nagle
N.D. Ala. · 1999 · confidence medium
The court recognizes that “ ‘Cronic represents a narrow exception which the Supreme Court has carved out of the general rale that a petitioner claiming ineffec-five assistance of counsel must demonstrate that he was prejudiced by specific alleged errors in his counsel’s performance,’ ” Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988) (per curiam) (quoting Smith v. Wainwright, 111 F.2d 609, 620 (11th Cir.1985) (emphasis in original), cert, denied, ill U.S. 905, 106 S.Ct. 3275 , 91 L.Ed.2d 565 (1986)), cert, denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 821 (1989).
discussed Cited as authority (rule) Games v. State (2×)
Ind. · 1997 · confidence medium
Federal courts have uniformly held that the circumstances to which Cronic’s presumption applies are “very limited in number," Nielsen v. Hopkins, 58 F.3d 1331, 1335 (8th Cir.1995), applying only when "the defendant was in effect denied any meaningful assistance at all," Chadwick v. Green, 740 F.2d 897, 901 (11th Cir.1984), and that the "burden of proof under Cronic is a very heavy one.” Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988), cert. denied 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 821 (1989).
discussed Cited as authority (rule) State v. Jack
N.J. · 1996 · confidence medium
Consequently, the burden of proof under Cronic is a very heavy one.” Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988) (per curiam) (quotation and citation omitted), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.
discussed Cited as authority (rule) Miguel Vines v. United States (2×)
11th Cir. · 1994 · confidence medium
Golden v. Newsome, 755 F.2d 1478, 1482 (11th Cir.1985) (citing Strickland, 466 U.S. 668, 104 S.Ct. 2052 ; Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963)). " ‘[T]he general rule [is] that a petitioner claiming ineffective assistance of counsel must demonstrate that he was prejudiced by specific alleged errors in his counsel’s performance.’" Stano, 921 F.2d at 1153 (emphasis added) (quoting Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988) (per curiam), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 821 (1989)).
discussed Cited as authority (rule) John Stick v. William Huston, Warden Attorney General of the State of Arizona
9th Cir. · 1994 · confidence medium
See, e.g., Coogan v. McCaughtry, 958 F.2d 793, 799 (7th Cir.), cert. denied, 113 S.Ct. 495 (1992); United States v. Morrison, 946 F.2d 484 , 500 n. 3 (7th Cir.1991); Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988), cert. denied, 489 U.S. 1071 (1989).
discussed Cited as authority (rule) Gerald Eugene Stano, Cross-Appellee v. Richard L. Dugger, Secretary, Florida Department of Corrections, Cross-Appellant (2×)
11th Cir. · 1991 · confidence medium
Consequently, the burden of proof under Cronic is a very heavy one.’ ” Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988) (per curiam) (quoting Smith v. Wainwright, 777 F.2d 609, 620 (11th Cir.1985) (emphasis in original), cert. denied, 477 U.S. 905 , 106 S.Ct. 3275 , 91 L.Ed.2d 565 (1986)), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 821 (1989); Harding, 878 F.2d at 1345 ; Chadwick, 740 F.2d at 900 .
discussed Cited as authority (rule) Gerald Eugene Stano, Cross-Appellee v. Richard L. Dugger, Secretary, Florida Department of Corrections, Cross-Appellant (2×)
11th Cir. · 1989 · confidence medium
Consequently, the burden of proof under Cronic is a very heavy one.' " Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988) (per curiam) (emphasis in original) (quoting Smith v. Wainwright, 777 F.2d 609, 620 (11th Cir.1985), cert. denied, 477 U.S. 905 , 106 S.Ct. 3275 , 91 L.Ed.2d 565 (1986)), cert. denied, --- U.S. ----, 109 S.Ct. 1354 , 103 L.Ed.2d 821 (1989); see also Cronic, 466 U.S. at 658 , 104 S.Ct. at 2046 ("[B]ecause we presume that the lawyer is competent to provide the guiding hand that the defendant needs, the burden rests on the accused to demonstrate a constitutional violation." …
discussed Cited as authority (rule) James Harding v. Leoneal Davis
11th Cir. · 1989 · confidence medium
Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988); Smith v. Wainwright, 777 F.2d 609, 620 (11th Cir.1985), cert. denied, 477 U.S. 905 , 106 S.Ct. 3275 , 91 L.Ed.2d 565 (1986); Chadwick v. Green, 740 F.2d 897, 900 (11th Cir.1984).
discussed Cited "see, e.g." West v. Allen
N.D. Ala. · 2011 · signal: see also · confidence medium
In short, an attorney’s performance will be deemed deficient only if it is objectively unreasonable, ie., it falls below the wide range of competence demanded of attorneys in criminal cases, and it is shown “that no competent attorney would have taken the action that [the petitioner’s] counsel did take.” Williams v. Allen, 598 F.3d at 790 (citation and quotation marks omitted); see also Stone v. Dugger, 837 F.2d 1477, 1479 (11th Cir.1988) (“[E]ven in capital felony cases defendants have no legal right to the very best counsel.”). 2.
Raymond R. STONE, Petitioner-Appellant,
v.
Richard L. DUGGER, Tom Barton, Respondents-Appellees
86-3644.
Court of Appeals for the Eleventh Circuit.
Feb 5, 1988.
837 F.2d 1477
Mark Evan Olive, Office of Capital Collateral Representative, Tallahassee, Fla., Donald M. Middlebrooks, Steel, Hector & Davis, Miami, Fla., for petitioner-appellant., Jim Smith, Atty. Gen., of Florida, Dept, of Legal Affairs, John Tiedemann, Asst. Atty. Gen., Tallahassee, Fla., for respondents-appellees.
Fay, Anderson, Edmondson.
Cited by 20 opinions  |  Published
PER CURIAM:

Petitioner, Raymond R. Stone, appeals from a decision of the United States District Court for the Middle District of Florida denying his petition for a writ of habe-as corpus pursuant to 28 U.S.C. sec. 2254. Stone contends that he received ineffective assistance of counsel during the guilt and sentencing phases of his trial. Also, Stone argues that his sentencing hearing was constitutionally defective because the jury was not instructed that it could consider nonstatutory mitigating factors when rendering its advisory opinion and the sentencing judge limited his own consideration to those factors listed in Florida’s capital sentencing statute when imposing the death penalty. [1] For the following reasons, we affirm the decision of the district court denying Stone any relief as to his conviction but hold that he is entitled to resen-tencing.

Stone contends that the advisory jury which recommended the death penalty was instructed to consider only statutory mitigating evidence. This action, Stone argues, deprived him of the individualized sentencing determination required by the eighth amendment in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978); Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982); Hitchcock v. Dugger, — U.S. -, 107 U.S. 1821, 95 L.Ed.2d 347 (1987); Messer v. Florida, 834 F.2d 890 (11th Cir.1987); Hargrave v. Dugger, 832 F.2d 1528 (11th Cir.1987) (en banc); Magill v. Dugger, 824 F.2d 879 (11th Cir.1987). The district court determined that because this issue had not been raised on his direct appeal from his conviction and sentencing, Stone had procedurally defaulted this claim; thus the claim was barred from federal habeas review because Stone could not demonstrate “cause” and “prejudice” for failing to raise this issue. See generally Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977).

Stone is entitled to have his Lockett claim heard on the merits. See Hargrave, 832 F.2d at 1530-31. In light of Hitchcock, — U.S. -, 107 U.S. 1821, 95 L.Ed.2d[*1479] 347, Stone is entitled to another sentencing hearing: the record indicates that both the judge and the jury believed themselves to be limited to considering only statutory mitigating factors in respect' to fixing sentence.

Because of our disposition of this case, we need not address Stone’s claim of whether he was deprived of effective assistance of counsel during his sentencing proceeding. Any claim of ineffectiveness is mooted by our granting a new sentencing hearing.

Stone makes some conclusory allegations that the guilt phase of his trial was constitutionally deficient because the assistant public defender who represented him was young, had recently graduated from law school, and had not previously tried a capital case. This situation, Stone argues, was aggravated by the fact that his attorney was overworked and that his attorney was neither assisted nor supervised by the Public Defender. The combination of these factors, according to Stone, constituted ineffective assistance of counsel, sufficient to warrant a legal presumption that he was prejudiced. Petitioner relies on United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984).

The Supreme Court articulated a general test in regard to what constitutes a sixth amendment ineffective assistance claim in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). This test consists of two components: (1) counsel’s representation must have fallen below “an objective standard of reasonableness,” id. at 696, 104 S.Ct. at 2068, and (2) the defendant must have demonstrated “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 695, 104 S.Ct. at 2068. Furthermore, a defendant must satisfy both the performance and prejudice prongs to demonstrate successfully an ineffective assistance claim. Id. at 698, 104 S.Ct. at 2069.

Cronic, however, can offer a means of challenging a lawyer’s overall performance. “Cronic represents a narrow exception which the Supreme Court has carved out of the general rule that a petitioner claiming ineffective assistance of counsel must demonstrate that he was prejudiced by specific alleged errors in his counsel’s performance. Consequently, the burden of proof under Cronic is a very heavy one.’’ Smith v. Wainwright, 111 F.2d 609, 620 (11th Cir.1985) (emphasis added) (citing Chadwick v. Green, 740 F.2d 897, 900 (11th Cir.1984)).

Comparing Cronic to Stone’s conviction is made easier by the fact that Cronic was a complex criminal case in which a defendant was represented by a young court appointed real estate attorney who had never tried a jury case. In rejecting Cronic’s claim that his attorney’s youth and inexperience warranted a presumption of prejudice, the Supreme _ Court stated that, “[ejvery experienced' criminal defense attorney once tried his first criminal case.” 466 U.S. at 666, 104 S.Ct. at 2050. In the instant case, Stone’s contention is even less compelling than the defendant’s in Cronic because Stone’s attorney had previously handled other felony jury trials. Moreover, a review of the trial transcript reveals that Stone’s counsel subjected the state’s witnesses to meaningful cross examination and otherwise satisfies us that there was not a “fundamental breakdown of the adversarial process” sufficient to justify a presumption that Stone was prejudiced in respect to his guilt or innocence. See generally Chadwick, 740 F.2d at 900-01. Of course, even in capital felony cases defendants have no legal right to the very best counsel.

Because we conclude that Stone’s Lockett claim is meritorious, we REVERSE and REMAND to the district court with instructions to enter an order granting the application for a writ of habeas corpus unless the State of Florida provides Stone, within a reasonable period of time, a sentencing proceeding that comports with the requirements of Lockett or vacates the death sentence and imposes a lesser sentence consistent with law. See Hargrave, at 1535 (citing Hitchcock, — U.S. at -, 107 S.Ct. at 1824-25).

1

. In a footnote to his brief, Stone contends that he does not wish to abandon the following claims denied by the district court in his habeas petition: Claim II — that the state withheld exculpatory material; Claim III — that his confessions were obtained in violation of the sixth amendment; Claim VI — that the sentencing jury was instructed that its obligation was merely to balance mitigating and aggravating factors; and Claim VII — that the statutory aggravating factor "especially heinous, atrocious, or cruel” is unconstitutional. Believing the district court’s ruling in respect to claims II, III and VII is correct, we affirm. In respect to claim VI, we decline to rule on this claim because our decision to remand for resentencing renders this issue moot.