Orlando Hernandez v. Florida Department of Corrections

Summary

The court affirmed the denial of Hernandez's federal habeas petition. It held that his request for a state-court evidentiary hearing on an unrelated Brady claim did not demonstrate diligence in developing his ineffective-assistance claim, and that the existing record was insufficient to establish entitlement to relief. The court did not decide whether failure to raise a claim in state court invariably defeats diligence under 28 U.S.C. § 2254(e)(2).