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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-13671
Non-Argument Calendar
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D.C. Docket No. 1:16-cv-23014-FAM
ERIC WILSON,
Petitioner-Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
ATTORNEY GENERAL, STATE OF FLORIDA,
Respondents-Appellees.
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Appeal from the United States District Court
for the Southern District of Florida
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(August 30, 2019)
Before TJOFLAT, WILSON, and JORDAN, Circuit Judges.
PER CURIAM:
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Eric Wilson filed a pro se habeas corpus petition under 28 U.S.C. § 2254
alleging ineffective assistance of trial counsel. The district court denied Wilson’s
petition. Wilson now appeals, arguing that the state violated his rights under
Batson v. Kentucky, 476 U.S. 79 (1986), because the reason the state gave for
striking two African American jurors was equally applicable to a Caucasian juror
that was not stricken. Wilson’s Batson argument is outside the scope of the
Certificate of Appealability (COA). 1 And in any event, Wilson has failed to meet
his burden to show prejudice under Strickland v. Washington, 466 U.S. 668 (1984).
We affirm.
I.
We review a district court’s denial of a § 2254 petition de novo. Bester v.
Warden, 836 F.3d 1331, 1336 (11th Cir. 2016). We will not decide any issue not
specified in the COA. Murray v. United States, 145 F.3d 1249, 1251 (11th Cir.
1998). Whether an issue is specified in the COA is determined in light of the
pleadings and other parts of the record. Id. We also liberally construe arguments
in a pro se prisoner’s brief. White v. Butterworth, 70 F.3d 573, 574 (11th Cir.
1995).
1
The state also argues that Wilson failed to exhaust his claim in the post-conviction court. See
28 U.S.C. § 2254(b)(1)(A). Because we conclude that Wilson’s argument is meritless, we
decline to consider whether it was properly exhausted. 28 U.S.C. § 2254(b)(2); Lambrix v.
Singletary, 520 U.S. 518, 525 (1997).
2
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The arguments in Wilson’s brief are outside the scope of the COA. The
district court only granted a COA on Ground 13. Ground 13 pertained to whether
trial counsel was ineffective under Strickland for failing to preserve for direct
appeal the variance in treatment between the two African American jurors and the
similarly situated Caucasian juror. The district court specifically explained that it
was not granting a COA on Ground 1. In Ground 1, Wilson argued that the state
violated his rights under Batson because the reason for striking the two African
American jurors was equally applicable to the Caucasian juror. Wilson’s COA
was thus expressly limited to the Strickland claim. Even so, Wilson’s brief focuses
exclusively on his Ground 1 argument that the state’s race-neutral reason for
striking the two African American jurors was not genuine. Wilson does not cite
Strickland in his opening brief, let alone demonstrate that he could satisfy
Strickland’s high burden.
II.
To the extent that we liberally construe Wilson’s brief to be within the scope
of the COA, his claim fails. The Antiterrorism and Effective Death Penalty Act of
1996 (AEDPA) provides that, after a state court has adjudicated a claim on the
merits, a federal court may grant habeas relief only if the state court’s decision was
(1) contrary to, or involved an unreasonable application of, clearly established
federal law, as determined by the Supreme Court, or (2) based on an unreasonable
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determination of the facts in light of the evidence presented in the state court
proceeding. 28 U.S.C. § 2254(d). While we review the district court’s decision de
novo, our review of the state habeas court’s decision is with deference. Reed v.
Sec’y, Fla. Dep’t of Corr., 593 F.3d 1217, 1239 (11th Cir. 2010). Under AEDPA,
this standard is highly deferential, and demands that state court decisions be given
the benefit of the doubt. Renico v. Lett, 559 U.S. 766, 773 (2010).
A state court decision involves an “unreasonable application” of Supreme
Court precedent if the state court correctly identifies the governing legal principle
but applies it to the facts of the petitioner’s case in an objectively unreasonable
manner. Brown v. Payton, 544 U.S. 133, 141 (2005). The petitioner must show
that the state court’s error was so unjustified under existing law that the ruling was
beyond any possibility for fair minded disagreement. White v. Woodall, 134 S. Ct.
1697, 1702 (2014).
For ineffective assistance of counsel claims raised in a § 2254 petition, the
inquiry turns upon whether the relevant state court decision was contrary to, or an
unreasonable application of, Strickland v. Washington, 466 U.S. 668, 687 (1984).
Cullen v. Pinholster, 563 U.S. 170, 189 (2011). To succeed on an ineffective
assistance of counsel claim, a defendant must show both that (1) his counsel’s
performance was deficient; and (2) the deficient performance prejudiced his
defense. Strickland, 466 U.S. at 687.
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Prejudice exists when there is a “reasonable probability that, but for
counsel’s unprofessional errors, the result of the proceeding would have been
different.” Id. at 694. A reasonable probability is a probability sufficient to
undermine confidence in the outcome. Id. The petitioner must show that the
likelihood of a different result is substantial. Harrington v. Richter, 562 U.S. 86,
112 (2011). When counsel fails to object to the specific Batson grounds raised in a
§ 2254 petition, we focus on the likelihood of a more favorable result at trial. See
Davis v. Sec’y for Dep’t of Corr., 341 F.3d 1310, 1314 (11th Cir. 2003).
Wilson has failed to meet his burden of showing that the state court’s
decision was an unreasonable application of Strickland by finding that he failed to
show that any ineffectiveness prejudiced the outcome of his trial. See Richter, 562
U.S. at 112. Even liberally construing his brief, Wilson’s only argument is that a
more racially balanced jury would have been less likely to convict him. This
conclusory argument falls short of showing a substantial likelihood of a different
result. See Strickland, 466 U.S. at 694; Richter, 562 U.S. at 105.
To the extent Wilson’s brief is within the scope of the COA, he has failed to
meet his burden of showing prejudice under Strickland.2 We therefore affirm.
AFFIRMED.
2
Because Wilson has failed to show prejudice, we decline to consider whether he established
that his trial counsel’s performance was deficient. See Strickland, 466 U.S. at 697.
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