Legal Opinion

Mackle Vincent Shelton v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided August 24, 2012No. 11-13515PublishedCited by 87 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A Florida state prisoner petitioned for federal habeas relief, challenging the constitutionality of a Florida statute that altered the mens rea requirement for state drug offenses. 1 The district court, finding a due process violation, granted relief. We conclude that the state court did not unreasonably apply clearly established federal law, as determined by the U.S. Supreme Court, and reverse.

I

A. Legal Background

Florida’s Comprehensive Drug Abuse Prevention and Control Act (“Act”) provides that, except as otherwise authorized, “it is unlawful for any…

2Cases cited25 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Schriro v. LandriganSupreme Court of the United States · 2007
  4. Morissette v. United StatesSupreme Court of the United States · 1952
  5. Patterson v. New YorkSupreme Court of the United States · 1977

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3Cited by87 opinions

  1. Ioselli v. StateDistrict Court of Appeal of Florida · 2013
  2. Smith v. StateDistrict Court of Appeal of Florida · 2013
  3. Jose Raul Plasencia v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2015
  4. United States v. Larry BurtonCourt of Appeals for the Eleventh Circuit · 2014
  5. Velazco v. Department of Corrections, SecretaryCourt of Appeals for the Eleventh Circuit · 2014

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