Legal Opinion

Michael Duane Zack, III v. Kenneth S. Tucker

Court of Appeals for the Eleventh Circuit

Decided January 9, 2012No. 09-12717PublishedCited by 4 opinions

1Per curiam

This appeal raises questions of statutory construction and of the doctrine of precedent.

Petitioner was convicted in Florida state court and was sentenced to death. The Florida Supreme Court affirmed Petitioner’s conviction and sentence and later denied post-conviction relief. The District Court denied habeas relief but granted a certificate of appealability on the question of the habeas petition’s timeliness. We vacate the District Court’s decision and remand the case.

BACKGROUND

Petitioner Michael Duane Zack, III was convicted in 1997 in Florida state court for murder, sexual battery, and…

2Cases cited8 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Artuz v. BennettSupreme Court of the United States · 2000
  4. Zack v. StateSupreme Court of Florida · 2000
  5. Zack v. StateSupreme Court of Florida · 2005

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Prendergast v. ClementsCourt of Appeals for the Tenth Circuit · 2012
  2. Michael Duane Zack, III v. Kenneth S. TuckerCourt of Appeals for the Eleventh Circuit · 2013
  3. Michael Duane Zack, III v. Kenneth S. TuckerCourt of Appeals for the Eleventh Circuit · 2012
  4. Michael Duane Zack, III v. Kenneth S. TuckerCourt of Appeals for the Eleventh Circuit · 2013

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