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Whitfield v. Secretary

United States Court of Appeals, Eleventh Circuit
Aug 10, 2010
613 F.3d 1318 (11th Cir. 2010)

Opinion

No. 08-16162.

August 10, 2010.

Eric C. Pinkard (Court-Appointed), Anderson Pinkard, Clearwater, FL, for Petitioner-Appellant.

Katherine Vickers Blanco, Tampa, FL, for Respondents-Appellees.

Appeal from the United States District Court for the Middle District of Florida (No. 07-01823-CV-JSM-MAP); Mark A. Pizzo, Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before DUBINA, Chief Judge, and EDMONDSON and PRYOR, Circuit Judges.


This case is before us on remand from the Supreme Court. See Whitfield v. McNeil, ___ U.S. ___, 130 S.Ct. 3451, ___ L.Ed. 2d ___. We denied Petitioner's application for a Certificate of Appealability, relying on our decision in Holland v. Florida, 539 F.3d 1334 (11th Cir. 2008). Then, the Supreme Court reversed our judgment in Holland, and remanded that case for further consideration. Holland v. Florida, ___ U.S. ___, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). We therefore remand this case to the district court for fact finding and further proceedings — including, if it is necessary, an evidentiary hearing — consistent with the Supreme Court's opinion and judgment in Holland.

REMANDED.


Summaries of

Whitfield v. Secretary

United States Court of Appeals, Eleventh Circuit
Aug 10, 2010
613 F.3d 1318 (11th Cir. 2010)
Case details for

Whitfield v. Secretary

Case Details

Full title:Earnest WHITFIELD, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Aug 10, 2010

Citations

613 F.3d 1318 (11th Cir. 2010)