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.