Legal Opinion

Hardwick v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided September 18, 2015No. 97-2319PublishedCited by 20 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

In Hardwick v. Crosby (Hardwick III), 320 F.3d 1127 (11th Cir.2003), we determined that Petitioner Hardwick was due an evidentiary hearing to determine whether his attorney provided ineffective assistance of counsel under the Sixth Amendment standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), during the penalty phase of his capital murder trial. While retaining jurisdiction over the appeal, we remanded the case to the District Court for the limited purpose of conducting that hearing. The District Court held the hearing and…

2Cases cited42 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Harrington v. RichterSupreme Court of the United States · 2011
  4. Cullen v. PinholsterSupreme Court of the United States · 2011
  5. Wiggins v. Smith, WardenSupreme Court of the United States · 2003

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3Cited by20 opinions

  1. Daniel v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
  2. Keith Tharpe v. WardenCourt of Appeals for the Eleventh Circuit · 2016
  3. Demarcus Sears v. Warden GDCPCourt of Appeals for the Eleventh Circuit · 2023
  4. Jimmy Davis, Jr. v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2024
  5. Keith Edmund Gavin v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2022

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