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remanding case to district court for further consideration in light of the Supreme Court's decision in Holland v. Florida, infra
Summary of this case from Crumpton v. PattersonOpinion
No. 06-14047.
July 27, 2010.
James T. Lawley, James H. Carter, John Palombi, Matt D. Schultz, Fed. Pub. Defenders, Robert M. Illman, Fed. Defenders Program, Inc., Christine A. Freeman, Fed. Pub. Def., Federal Defender MAL, Montgomery, AL, for Petitioner-Appellant.
Beth Jackson Hughes, J. Clayton Crenshaw, Montgomery, AL, for Respondent-Appellee.
Appeal from the United States District Court for the Northern District of Alabama (No. 04-03422-CV-VEH-HGD); Virginia Emerson Hopkins, Judge.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before BIRCH, BARKETT and WILSON, Circuit Judges.
In Melson v. Allen, 548 F.3d 993 (11th Cir. 2008), we affirmed Robert B. Melson's death sentence following his 1996 capital murder convictions. The Supreme Court vacated our judgment, Melson v. Allen, ___ U.S. ___, 130 S.Ct. 3491, ___ L.Ed.2d ___, 2010 WL 2471066 (2010), and remanded the case to us for further consideration in light of its decision in Holland v. Florida, 560 U.S. ___, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). We hereby remand this case to the district court so that it may conduct the necessary fact-finding in the first instance in accordance with the principles set forth in Holland.
REMANDED.