Legal Opinion

Rickie N. McNair 092673 v. Richard L. Dugger, Secretary, Dept. Of Corrections, Robert Butterworth

Court of Appeals for the Eleventh Circuit

Decided February 23, 1989No. 88-3297PublishedCited by 2 opinions

1Per curiam

The State of Florida appeals from the district court’s grant of Rickie N. McNair’s petition for a writ of habeas corpus. See McNair v. Dugger, 682 F.Supp. 511 (M.D. Fla.1988). We conclude that the writ was granted improvidently.

I

In 1983, petitioner was charged with first-degree murder in Polk County, Florida. Previously, while under arrest in Georgia, petitioner had retained the legal services of William L. Kirby, who secured a psychological evaluation of petitioner. The results of this evaluation showed, among other things, that petitioner had an IQ of 64, “in the category of mild mental…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Dusky v. United StatesSupreme Court of the United States · 1960
  4. Pate v. RobinsonSupreme Court of the United States · 1966
  5. Robert Vernon Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976

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3Cited by2 opinions

  1. Joel Tiller v. Mary H. Esposito, WardenCourt of Appeals for the Eleventh Circuit · 1990
  2. Wayne Lee Johnson v. United States of AmericaDistrict Court, M.D. Florida · 2026

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