George Martin v. Commissioner, Alabama Department of Corrections
CourtCourt of Appeals for the Eleventh Circuit
Date FiledSeptember 14, 2026
Docket24-11986
StatusPublished
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Full Opinion
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FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-11986
____________________
GEORGE MARTIN,
Petitioner-Appellant,
versus
COMMISSIONER, ALABAMA DEPARTMENT OF
CORRECTIONS,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Alabama
D.C. Docket No. 1:21-cv-00460-TFM-MU
____________________
Before JORDAN, JILL PRYOR, and KIDD, Circuit Judges.
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2 Opinion of the Court 24-11986
KIDD, Circuit Judge:
The State of Alabama committed prosecutorial misconduct
in the first trial of George Martin, a former Alabama State Trooper
who was accused of killing his wife for pecuniary gain. Because of
this misconduct, the state had to try Martin a second time. But at
the second trial, the trial judge precluded Martin from raising cer-
tain issues concerning the prosecutorial misconduct in the first
trial. Martin has now filed a federal habeas corpus petition to chal-
lenge his conviction from the second trial. The district court denied
Martin’s petition, and he has now appealed the denial to us.
On appeal, Martin claims that the state trial court’s preclu-
sion order violated the rights guaranteed to him by the Constitu-
tion’s Confrontation Clause and prevented him from presenting a
complete defense. He also argues that the state presented insuffi-
cient evidence for the jury to find that he murdered his wife for
pecuniary gain, which was the aggravating factor necessary to im-
pose the sentence of life without parole.
Alabama’s misconduct in Martin’s case was egregious, and
the state courts found as much. But our habeas corpus review is
limited by the Antiterrorism and Effective Death Penalty Act of
1996 (AEDPA), 28 U.S.C. § 2254. Those limitations constrain us to
affirm the district court’s denial of habeas relief.
I. BACKGROUND
Because this habeas case arises from a lengthy and complex
procedural history spanning two trials almost two decades apart,
our discussion of that history is divided into five parts. First, we
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24-11986 Opinion of the Court 3
discuss the evidence presented during Martin’s first trial and the di-
rect appeal of his first conviction. Second, we discuss the collateral
proceedings that revealed the state committed prosecutorial mis-
conduct before Martin’s trial, which led the trial court to grant Mar-
tin a second trial. Third, we discuss the direct appeal proceedings
that led to Martin being granted a second trial. Fourth, we discuss
the preclusion order entered and the murder-for-pecuniary-gain ev-
idence presented during Martin’s second trial, as well as the direct
appeal of his second conviction. Finally, we discuss the facts regard-
ing the federal habeas proceedings below.
A. First Trial and Direct Appeal
On October 8, 1995, around 11:30 p.m., law enforcement
and emergency responders discovered a black 1991 Ford Escort
that had collided with a tree and was on fire on the side of a road
in Tillman’s Corner, Alabama. Inside the vehicle was the body of
Hammoleketh Martin, George Martin’s wife.
At the time of his wife’s death, Martin was an Alabama State
Trooper. The Mobile County District Attorney’s Office investi-
gated Martin for his wife’s death but ultimately decided not to pros-
ecute him after failing to obtain a grand jury indictment. Alabama
Attorney General’s Office then initiated another investigation and,
four years later, obtained a grand jury indictment.
In June 1999, Martin was indicted and charged with capital
murder done for a pecuniary or other valuable consideration, in
violation of Alabama Code § 13A-5-40(a)(7). The state’s initial the-
ory was that Martin deliberately set his wife’s car on fire and staged
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4 Opinion of the Court 24-11986
the scene to appear as if a traffic collision had caused the fire. The
state further theorized that Martin’s motive for killing his wife was
for financial gain—life insurance money. Martin maintained he did
not kill his wife. He told investigators that his wife’s gas gauge did
not work and she kept a red gas can in the back seat of her car.
The state’s case was circumstantial. The state primarily re-
lied upon a witness, James Taylor, who testified that two hours be-
fore Hammoleketh was discovered, he saw an African American
trooper in uniform in his work vehicle parked near where she was
found. During closing statements, the state argued the jury should
conclude that (1) Martin, who is African American, fled the crime
scene on a bicycle he planted there earlier; (2) other than Martin’s
relatives, no one had ever seen a gas can in his wife’s vehicle; and
(3) based on Taylor’s testimony, they should infer that Martin was
the trooper Taylor had seen.
We recount portions of the state appellate court’s review of
the trial evidence to provide context for the years of proceedings
that followed, leading to this appeal.
A traffic homicide investigator from the Alabama De-
partment of Public Safety testified that he examined
the vehicle and the scene in question. He conducted
speed calculations of a vehicle and analyzed the kind
of force that would have been necessary to cause such
a fire. He concluded that the fire was not an accident
and the collision of the vehicle with a tree did not pro-
duce sufficient force to start the fire.
....
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The state also introduced evidence of a traffic acci-
dent investigation report prepared by Martin approx-
imately one year prior to the death of his wife. The
report involved a traffic accident in which an automo-
bile left the road, hit a tree, and burst into flames.
Martin v. State, 931 So. 2d 736, 740–41 (Ala. Crim. App. 2003) (cita-
tion modified), aff’d in part, rev’d in part sub nom. Ex parte Martin v.
State, 931 So. 2d 736 (Ala. 2004), aff’d on remand, 931 So. 2d 774 (Ala.
Crim. App. 2005). The state maintained that Martin staged the ac-
cident to look like the prior accident he investigated. See id. at 741.
The state also attacked Martin’s credibility. The prosecution
argued that Martin was untruthful about whether Hammoleketh
carried a gasoline can. See id. at 740. The state further argued that
Martin was untruthful about the number of life insurance policies
Hammoleketh had. Id. Though Martin acknowledged the exist-
ence of a $200,000 policy, the state maintained he lied when he
stated there were no other policies. Id. The state introduced evi-
dence to support that there was another $150,000 policy that was
collectible only if Hammoleketh died in a passenger vehicle. Id. at
740–41. The state connected Martin’s purported need to collect the
insurance proceeds by eliciting testimony that his financial condi-
tion had worsened to near bankruptcy. Id. at 741.
In May 2000, the jury convicted Martin of capital murder for
pecuniary gain. Despite the jury’s recommendation by a vote of 8–
4 that he be sentenced to life imprisonment without the possibility
of parole, the trial court judge overrode the jury’s recommenda-
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6 Opinion of the Court 24-11986
tion and sentenced Martin to death. The Alabama Court of Crimi-
nal Appeals (“ACCA”) affirmed Martin’s conviction and sentence,
and Martin appealed to the Supreme Court of Alabama (“ASC”).
The ASC affirmed Martin’s conviction but reversed the trial court’s
ruling that overrode the jury’s life-imprisonment recommenda-
tion. The ASC then remanded the case to the ACCA with instruc-
tions to remand it to the trial court to reconsider its ruling based
on new precedent. The trial court did so and resentenced Martin
to death, and the ACCA upheld that ruling on appeal.
B. Postconviction Proceedings and Brady Violations
In 2006, Martin filed a petition for postconviction relief pur-
suant to Alabama Rule of Criminal Procedure 32. Specifically, Rule
32.1 permits a petitioner convicted of a criminal offense, and who
has exhausted the direct appeals, to file a petition to seek relief on
certain enumerated grounds in the court of original conviction.
Ala. R. Crim. P. 32.1, 32.2(a)(1). Two of those grounds are at issue
here: (1) if the state or federal constitution requires a new trial, and
(2) newly discovered material facts exist that require the court to
vacate the conviction or sentence. Ala. R. Crim. P. 32.1(a), (e). Prior
to Martin’s trial, the judge entered an open file discovery order.
During the course of that proceeding, Martin discovered that the
state failed to disclose several pieces of material evidence that were
favorable to his defense in violation of Brady v. Maryland, 373 U.S.
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83 (1963).
From 2006 until 2011, Martin litigated for access to the
state’s file. In 2009, the trial court ordered the state to provide Mar-
tin with all documents in its file. The ACCA and then the ASC de-
nied the state’s petitions for a writ of mandamus challenging the
court’s order. Then, in 2011, the trial court conducted an in camera
inspection of the state’s file and ordered the state to produce all
materials except those it deemed privileged.
In 2012, the court held a fifteen-day evidentiary hearing that
included testimony from 28 witnesses and the introduction of 104
exhibits. After the hearing, the court concluded that the prosecu-
tion had failed to disclose four pieces of evidence that were favora-
ble to Martin’s defense in violation of Brady. We discuss each before
turning to the proceedings that followed the court granting Mar-
tin’s petition for a new trial based on those violations.
1. Taylor Implicated Another Suspect
During the trial, the prosecution never asked Taylor to iden-
tify Martin as the trooper he saw, and there was no evidence pre-
sented concerning the size of the trooper Taylor saw. After receiv-
ing the state’s file, Martin discovered for the first time that Major
Thomas Calhoun of the Mobile Police Department interviewed
Taylor twice, in April and May 1997, and Taylor provided Calhoun
with evidence that was favorable to Martin’s defense. At the Rule
32 hearing, Calhoun testified he was responsible for deciding what
materials would be turned over to Martin’s defense. The court
found most of Calhoun’s testimony about his discovery-handling
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8 Opinion of the Court 24-11986
practices not credible.
During the April 1997 interview, Calhoun wrote in his notes
that Taylor told him the trooper he saw was a “large black man.”
For trial, he typed a summary of this interview. A portion of the
summary was read to the jury, but the summary was never marked
for identification or introduced as an exhibit. Critically, the sum-
mary omitted Taylor’s statement regarding the size of the trooper
he saw. And Calhoun’s original notes from the interview were
never turned over to the defense or used by the state at trial. Based
on its observations, the court determined Martin “[was] not a large
man” because he was five feet, six inches tall.
During his May 1997 interview, Taylor was shown a photo-
graphic array containing thirteen African American troopers, in-
cluding Martin. Taylor identified another trooper, Grayling Wil-
liams, as the one he had seen the night of the murder. The court
credited Martin’s defense counsel’s testimony that the state never
turned over Taylor’s identification of Williams. Additionally, Cal-
houn wrote in his notes that Taylor similarly relayed that the
trooper he saw was a “big man that filled up the car.” The state did
not dispute that this note was never turned over to the defense.
The court observed that Williams seemed to match Taylor’s de-
scriptions because he was five feet, eleven inches tall and weighed
198 pounds in 1995.
Without Taylor’s testimony, the state had no witness or
other evidence to place Martin at the scene. Notably, Calhoun was
present in court during Martin’s trial when the state argued that
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the jury could infer from Taylor’s testimony that Martin was the
man Taylor saw at the scene.
2. Anonymous Calls Implicating Other Suspects
The state also withheld two anonymous calls implicating
other suspects. The first call was placed to the Alabama Depart-
ment of Public Safety in October 1995. The caller indicated that
Hammoleketh was “running around with two white troopers” in a
nearby county when Martin was at work. The second call was
placed to the Mobile Police Department in November 1995. Nota-
bly, the caller indicated that Williams was involved in Hammole-
keth’s death. At the Rule 32 hearing, the court credited Martin’s
defense counsel’s testimony that he never received information
about these calls.
3. Norma Broach Implicated Another Suspect
At the hearing, Norma Broach testified that she was at a
nearby gas station on the night of Hammoleketh’s death. Broach
said that she saw a “white camper truck” and a small black car that
matched the description of Hammoleketh’s vehicle parked along
the highway not far from where Hammoleketh was found. Accord-
ing to Broach, a white man drove the truck to the gas station, went
inside the station, filled up two gas cans, and then drove back and
parked next to the black car. She then saw the man drag and push
“a heavy object” into the passenger side of the truck cab before he
sped off toward the area where Hammoleketh was found.
The next day, when Broach saw on the news that a woman’s
body had been found in a burned-out car near the gas station, she
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called the Crimestoppers hotline to relay what she had seen the day
prior. Broach reported what she had seen to two Mobile Police De-
partment investigators, and also to Williams. Otherwise, law en-
forcement did not contact her. Broach was not a witness at Martin’s
trial. She continued contacting law enforcement for years about
what she had witnessed.
The officers who testified at the hearing were uncertain
about when they learned of Broach. But a handwritten note from
another officer dated October 22, 1995, was admitted as an exhibit,
which stated that Broach was at the gas station one hour before
Hammoleketh was found and saw a man enter and buy gas. The
court determined a jury could find Broach’s testimony credible.
And it was undisputed at the hearing that Broach’s identity, her
statements, and the October 22, 1995, note were never turned over
to Martin’s defense counsel.
4. Gas Can Evidence
During the trial, the prosecution told the jury that Martin
was not credible when he told officers that his wife carried a gas
can in her car because (1) only Martin’s relatives and none of his
wife’s friends saw her carry a gas can, and (2) the arson investiga-
tors did not find remnants of a gas can at the scene.
In May 1997, Calhoun interviewed Hammoleketh’s sister,
Terri Jean Jackson. His handwritten notes from the interview re-
flected that Jackson stated she saw “a small red plastic gas can” in
her sister’s car before the incident. The court determined that the
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state never provided this evidence to the defense and thus violated
Brady.
During Martin’s trial, several firefighters testified that no
remnants of a gas can were found. At the Rule 32 hearing, Martin
presented evidence that several officers had seen or were aware that
remnants of what appeared to be a plastic gas can were recovered
from Hammoleketh’s car. Although the court did not find that the
state committed a Brady violation, it noted that the state does not
contest this information was never disclosed to the defense.
C. Martin’s Indictment Dismissed with Prejudice
In 2013, the court granted Martin’s Rule 32 petition and
ruled that Martin was entitled to a new trial based on the Brady
violations. In 2014, the ACCA affirmed the decision, and the ASC
denied review on April 17, 2015. On May 7, 2015, the trial court
granted Martin’s motion for release pending his new trial.
By the time Martin was released, he had been on death row
for fifteen years. Martin then moved to dismiss his capital murder
indictment with prejudice pursuant to Alabama Rule of Criminal
Procedure 16.5. In 2016, the court granted the motion as a sanction
after determining that the state’s prosecutorial misconduct was
willful and that a new trial would not cure any resulting prejudice
to Martin.
The court found the state’s misconduct to be willful because
Calhoun, aware of Taylor’s prior identification of Williams and de-
scription of the trooper, remained silent while prosecutors argued
the jury should infer Martin was the trooper Taylor saw. Calhoun
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12 Opinion of the Court 24-11986
further sat silent when prosecutors argued there was no evidence
of the gas can, even though the officer knew that was untrue be-
cause Hammoleketh’s sister stated she saw a gas can. The court
found that Martin was prejudiced because it had been sixteen years
since the trial, twenty years since the event, and many witnesses
were deceased or no longer remembered key details. The court
also found prejudice because Taylor no longer recalled his previous
statements about the other suspect’s size during the Rule 32 hear-
ing.
The ACCA upheld the dismissal of an indictment as a sanc-
tion for prosecutorial misconduct. State v. Martin, 287 So. 3d 355
(Ala. Crim. App. 2017), rev’d sub nom., Ex parte State v. Martin, 287
So. 3d 384 (Ala. 2018). But the ASC reversed and remanded the case
to the trial court for a new trial. Martin, 287 So. 3d at 399. The ASC
held that neither the death of two unnamed witnesses nor Taylor’s
loss of memory established irreparable prejudice to warrant dismis-
sal. Id. at 397–99. According to the ASC, Taylor was available to
testify, and Martin now had his prior statements with which to im-
peach him if necessary. Id. at 398.
D. Second Trial and Direct Appeal
The judge who presided over the Rule 32 proceedings and
dismissed the indictment retired, and a new judge presided over the
second trial.
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1. Preclusion Order
Before trial began, the state filed a motion in limine to ex-
clude any mention of prosecutorial misconduct, discovery viola-
tions, or withholding of evidence from questions, inferences, nota-
tions, observations, statements, or communications by the defense.
Additionally, the state moved to exclude the trial court’s rulings re-
garding certain witnesses’ credibility. The state maintained that if
the trial court permitted the jury to hear about any of its miscon-
duct, it would create “an undue prejudice to which the [s]tate could
not reasonably surmount.”
Martin filed a motion in limine to prevent the exclusion of
such evidence. Martin maintained that evidence of the state’s mis-
conduct should not be excluded for several reasons. First, it was
centrally relevant to Martin’s defense that he was innocent and on
trial a second time nineteen years later because the state’s case was
weak and skewed by a flawed investigation, bias, and non-credible
initial investigators as evidenced by the numerous Brady violations.
Second, he had a Sixth Amendment right to confront the state’s
witnesses on these topics. Third, the state should be sanctioned for
its misconduct; specifically, Martin argued he would be unable to
put on a complete defense because they could not pursue all of the
previously buried leads twenty years after Hammoleketh’s death.
Fourth, without the ability to introduce evidence of the state’s mis-
conduct, the jury would receive a one-sided presentation of the ev-
idence that Martin would not be able to overcome.
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After holding a hearing on the motions, the trial court en-
tered a one-page order granting the state’s motion and denying
Martin’s. Specifically, the trial court determined “it would be con-
fusing and overly prejudicial to allow [Martin] to attempt to explain
the long and complicated procedural history of this case to the jury,
and that most, if not all, of this material [wa]s not relevant. For the
same reasons, [Martin’s] request for preclusion sanctions, adverse
inferences, and jury instructions would be unduly prejudicial.”
The day after the court entered the preclusion order, it
noted in a telephonic hearing in response to Martin’s motion for
clarification that it expected Martin’s defense to get into the state’s
failure to pursue leads, alternative theories, alternative suspects,
and the state’s allegedly biased conduct. However, the court cau-
tioned the defense that these matters could not be introduced
through any evidence, cross-examination, or argument concerning
the prior trial, the Rule 32 proceedings, the proceedings on the mo-
tion for a new trial, or the motion to dismiss the indictment.
The court emphasized that, despite its best efforts, it could
not fashion a jury instruction or a remedy to explain the state’s mis-
conduct in the original trial, and doing so would cause confusion
and amount to a trial within a trial if the door were opened to ad-
dress any of the state’s misconduct.
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2. Evidence Presented During Second Trial
Taylor, Broach, Williams, and Jackson all testified at the sec-
ond trial.
During the first trial, one of the arguments the state made to
prove that Martin killed his wife for pecuniary gain was that he did
not disclose to investigators all the life insurance policies that cov-
ered his wife. Specifically, the state maintained that Martin did not
disclose a $150,000 policy that was payable only if Hammoleketh
died in a passenger vehicle. In its case-in-chief, the state introduced
a copy of the policy into evidence through an insurance company
witness.
During the second trial, the state never admitted a copy of
the policy into evidence. And the state withdrew its only witness
to prove murder for pecuniary gain and instead maintained at side-
bar that “[t]he mere existence of an insurance policy is the only
thing that is [relevant] to the [s]tate’s case in chief[.]” The state bore
the burden to prove pecuniary gain; nevertheless, in Martin’s case-
in-chief, he presented testimony from an accounting expert and life
insurance expert to rebut that he murdered his wife for pecuniary
gain. They testified that Martin was in good financial health and
the amount of life insurance policies Hammoleketh had were nor-
mal and did not raise any red flags. But this opened Martin’s wit-
nesses to cross-examination by the state, which attacked those con-
clusions.
On June 7, 2019, the second jury found Martin guilty of cap-
ital murder for pecuniary gain, and the court sentenced him to life
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16 Opinion of the Court 24-11986
imprisonment without the possibility of parole. The trial court de-
nied Martin’s request for a new trial or judgment of acquittal. Mar-
tin appealed his second conviction to the ACCA. As relevant to this
appeal, Martin maintained that the trial court’s preclusion order vi-
olated his Confrontation Clause rights and precluded him from
presenting a complete defense. He also argued that the state pre-
sented insufficient evidence for the jury to determine murder for
pecuniary gain, the aggravating factor necessary to sustain the cap-
ital murder conviction. The ACCA affirmed Martin’s conviction
and denied his request for rehearing, and the ASC summarily de-
nied Martin’s petition for certiorari.
E. The Federal Habeas Proceedings
After the ASC denied review, Martin filed a habeas corpus
petition, pursuant to 28 U.S.C. § 2254, in the Southern District of
Alabama based on the same three grounds raised in his direct ap-
peal. The state did not address the merits of the confrontation and
complete defense claims and instead argued they were procedur-
ally defaulted. For the sufficiency of the evidence claim, the state
conceded that Martin presented it on direct appeal but argued it
failed on the merits.
The magistrate judge recommended that the district judge
deny in part and dismiss in part Martin’s petition and grant him a
certificate of appealability for his confrontation and complete de-
fense claims, but not his sufficiency of the evidence claim (“COA”).
The magistrate judge, sua sponte, concluded that Martin’s suffi-
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24-11986 Opinion of the Court 17
ciency of the evidence claim was unexhausted and procedurally de-
faulted, and declined to address it on the merits. The magistrate
judge then determined that Martin’s confrontation and complete
defense claims were not procedurally defaulted and failed on the
merits.
The state objected to the magistrate judge’s determination
that Martin’s confrontation and complete defense claims were not
procedurally defaulted. Martin objected to the magistrate judge’s
determination that AEDPA deference applied to review of his con-
frontation and complete defense claims. Alternatively, he main-
tained that his confrontation claim and complete defense claims
should succeed on the merits under AEDPA deference. He further
objected to the magistrate judge’s determination that his suffi-
ciency of the evidence claim was procedurally defaulted and main-
tained that relief should be granted on the merits, or alternatively
that he should be granted a COA on that claim.
The district judge adopted the report and recommendation,
overruled Martin’s and the state’s objections, and alternatively
found that the sufficiency claim failed on the merits. The district
court granted Martin a COA and entered final judgment. Martin’s
COA specifies these issues:
(1) Whether the state waived any exhaustion defense
to the sufficiency claim by acknowledging that the
claim “was presented on direct appeal” in its response
to the petition;
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18 Opinion of the Court 24-11986
(2) Whether Martin exhausted his sufficiency claim in
state court by bringing state law claims based on the
same “reasonable doubt” standard applicable to fed-
eral claims;
(3) Whether, if the sufficiency claim was exhausted,
the Alabama courts’ conclusion that the state suffi-
ciently proved that Martin committed murder for pe-
cuniary gain was contrary to, or involved an unrea-
sonable application of, clearly established federal law
or was based on an unreasonable determination of
facts in light of the evidence;
(4) Whether the Alabama courts’ decision to uphold
the preclusion order was contrary to, or involved an
unreasonable application of, clearly established fed-
eral law as determined by the Supreme Court of the
United States, specifically the Confrontation Clause
of the Sixth Amendment;
(5) Whether the Alabama courts’ decision to uphold
the preclusion order was contrary to, or involved an
unreasonable application of, clearly established Fed-
eral law as determined by the Supreme Court of the
United States, specifically the Sixth and Fourteenth
Amendments of the Constitution and the ensuing
right to present a complete defense.
Doc. 40 at 1–2 (citation modified).
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24-11986 Opinion of the Court 19
II. STANDARD OF REVIEW
“We review a court’s decision to deny a § 2254 petition de
novo, applying a de novo standard to legal conclusions and a clear
error standard to factual findings.” Carruth v. Comm’r, Ala. Dep’t of
Corr., 93 F.4th 1338, 1352 (11th Cir.), cert. denied, 145 S. Ct. 208
(2024).
If “a claim is properly presented to the state court, but the
state court does not adjudicate it on the merits, we review de
novo.” Mason v. Allen, 605 F.3d 1114, 1119 (11th Cir. 2010) (emphasis
omitted). But when a state court adjudicates a petitioner’s claim on
the merits, AEDPA further governs our review. AEDPA prohibits
relief unless the state court’s decision was (1) “contrary to, or in-
volved an unreasonable application of, clearly established Federal
law, as determined by the Supreme Court of the United States,” 28
U.S.C. § 2254(d)(1); or (2) “based on an unreasonable determination
of the facts in light of the evidence presented in the State court
proceeding,” 28 U.S.C. § 2254(d)(2). “If a state court unreasonably
applied federal law or unreasonably determined the facts in a case,
we review the underlying claim de novo.” King v. Warden, Ga. Diag-
nostic Prison, 69 F.4th 856, 867 (11th Cir. 2023) (emphasis omitted).
Under 28 U.S.C. § 2254(d)(1), a state court’s decision is “con-
trary to . . . clearly established Federal law” when it “appl[ies] a rule
that contradicts the governing law set forth by Supreme Court case
law,” or when it “reach[es] a different result from the Supreme
Court when faced with materially indistinguishable facts.” Davis v.
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20 Opinion of the Court 24-11986
Comm’r, Ala. Dep’t of Corr., 120 F.4th 768, 788 (11th Cir. 2024) (cita-
tion modified), petition for cert. filed, No. 25-1410 (U.S. June 18,
2026). An “unreasonable application of . . . clearly established Fed-
eral law,” 28 U.S.C. § 2254(d)(1), occurs when “the state court cor-
rectly identifies the governing legal principle . . . but unreasonably
applies it to the facts of the particular case.” Davis, 120 F.4th at 788
(citation modified). “A state court unreasonably applies federal law
only if no fairminded jurist could agree with the state court’s de-
termination or conclusion.” King, 69 F.4th at 867 (citation modi-
fied).
For our review of habeas corpus petitions filed pursuant to
28 U.S.C. § 2254(d)(2), “a state court’s factual determinations are
‘presumed to be correct,’” and that presumption can be overcome
only “by clear and convincing evidence.” Pye v. Warden, Ga. Diag-
nostic Prison, 50 F.4th 1025, 1035 (11th Cir. 2022) (en banc) (quoting
28 U.S.C. § 2254(e)(1)). Still, “[e]ven if the state court made a clearly
erroneous factual determination, that doesn’t necessarily mean the
state court’s ‘decision’ was ‘based on’ an ‘unreasonable determina-
tion of the facts in light of the evidence presented in the State court
proceeding.’” Id. (quoting 28 U.S.C. § 2254(d)(2)). “Depending on
the importance of the factual error to the state court’s ultimate ‘de-
cision,’ that decision might still be reasonable even if some of the
state court’s individual factual findings were erroneous—so long as
the decision, taken as a whole, doesn’t constitute an ‘unreasonable
determination of the facts’ and isn’t ‘based on’ any such determi-
nation.” Id. (citation modified).
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24-11986 Opinion of the Court 21
III. DISCUSSION
We begin our discussion by examining whether Martin’s
claims were procedurally defaulted. Finding no default, we next ex-
plain why Martin’s confrontation claim is not subject to AEDPA
deference but still fails under our de novo review. Then, we discuss
why AEDPA deference applies to Martin’s complete defense claim
and why it fails under that standard. Finally, we explain why Mar-
tin’s sufficiency of the evidence claim fails under AEDPA.
A. Procedural Default
On appeal, the state argues that Martin has procedurally de-
faulted all three of his claims. Martin maintains he did not proce-
durally default his claims because he exhausted them by raising
them throughout his state court proceedings.
“Habeas petitioners generally cannot raise claims in federal
court that were not first exhausted in state court.” Kelley v. Sec’y, Fla.
Dep’t of Corr., 377 F.3d 1317, 1343 (11th Cir. 2004). Whether a peti-
tioner exhausted a claim presents a mixed question of law and fact,
subject to our de novo review. See Fox v. Kelso, 911 F.2d 563, 568 (11th
Cir. 1990). “To properly exhaust a claim, the petitioner must afford
the State a full and fair opportunity to address and resolve the claim
on the merits.” Kelley, 377 F.3d at 1343 (citation modified).
The exhaustion requirement is not satisfied if the petitioner
(1) fails to raise a federal claim in the state court, see Bailey v. Nagle,
172 F.3d 1299, 1303 (11th Cir. 1999), or (2) fails to raise a claim in
terms of federal law, Jimenez v. Fla. Dep’t of Corr., 481 F.3d 1337, 1342
(11th Cir. 2007). A petitioner is not required, however, to give “a
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22 Opinion of the Court 24-11986
separate federal law heading to each of the c