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Winston Calder v. Richard Comerford, Secretary, Florida Department of Corrections

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 24-10309 · judgment February 13, 2026


Pending

Question presented

Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214, a federal court cannot grant habeas relief “with respect to any claim adjudicated on the merits in State court proceedings unless the adjudication of the claim” meets certain strict prerequisites. 28 U.S.C. § 2254(d) (emphasis added). If a “claim” is not adjudicated on its merits in the state court proceedings, however, federal review of the claim is de novo. Cone v. Bell, 556 U.S. 449, 472 (2009). The question presented is: When the deficient performance prong of a claim of ineffective assistance under Strickland v. Washington, 466 U.S. 688 (1984), is misconstrued by the state courts and therefore not adjudicated on the merits in the State court proceedings, is the state courts’ determination as to Strickland’s prejudice prong nonetheless entitled to deference under § 2254(d)?

Counsel of record

For petitioner
Janice L. Bergmann
Federal Public Defender's Office

For respondent
Sonya Roebuck Horbelt
Office of the Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 08 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Sep 23 2026
    Waiver of right of respondent Comerford, Sec., FL DOC to respond filed.
  3. Aug 25 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2026)