Ali Nejadv.Warden
Ali Nejad sought federal habeas relief from Georgia convictions arising from a home invasion and rape. He argued that trial counsel failed to tell him that he could testify, that the state courts unreasonably rejected his ineffective-assistance claim, and that the trial record did not reliably establish what advice he received. A federal district court granted habeas relief, but the Eleventh Circuit reversed. Applying the deferential federal habeas standard, the court held that the state courts reasonably determined that counsel had advised Nejad about his right to testify and that he had knowingly chosen not to take the stand. The trial judge’s testimony, counsel’s testimony, and the surrounding record supported the state court’s credibility determination, and Nejad had not overcome the statutory presumption that the state-court decision was reasonable. The panel also rejected his challenge to the state court’s treatment of the related jury-instruction and jury-selection issues. The Eleventh Circuit reversed the grant of habeas relief and remanded with instructions to reinstate Nejad’s convictions and sentence.
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