Legal Opinion

Emerson Pinkney v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided December 6, 2017No. 14-14482PublishedCited by 197 opinions

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Estelle v. McGuireSupreme Court of the United States · 1991
  4. Wainwright v. GoodeSupreme Court of the United States · 1983
  5. Holland v. JacksonSupreme Court of the United States · 2004

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3Cited by197 opinions

  1. Jimmy Meders v. Warden, Georgia Diagnostic PrisonCourt of Appeals for the Eleventh Circuit · 2019
  2. Sumnar Robert Brewster v. Gary HetzelCourt of Appeals for the Eleventh Circuit · 2019
  3. Thanquarius Calhoun v. Warden, Baldwin State PrisonCourt of Appeals for the Eleventh Circuit · 2024
  4. Christin Bilotti v. Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2025
  5. Jimmy Fletcher Meders v. Warden, Georgia Diagnostic PrisonCourt of Appeals for the Eleventh Circuit · 2018

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

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