Emerson Pinkney v. Secretary, Department of Corrections
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
ED CARNES, Chief Judge:
Emerson Pinkney filed a pro se amended 28 U.S.C. § 2254 petition alleging that his appellate counsel was ineffective for failing to argue that a jury instruction given by the trial court was fundamental error under Florida law. The district court denied his § 2254 petition, and this Court granted a certificate of appealability and appointed counsel for him. This is Pink-ney’s appeal, which is all about Florida’s fundamental error doctrine.
I. BACKGROUND
It was about 2:25 in the morning when Emerson Pinkney entered Barbara Jones’ apartment. Two people who were in the…
2Cases cited29 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Harrington v. RichterSupreme Court of the United States · 2011
- Estelle v. McGuireSupreme Court of the United States · 1991
- Wainwright v. GoodeSupreme Court of the United States · 1983
- Holland v. JacksonSupreme Court of the United States · 2004
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