Legal Opinion

Marvin Edwin Johnson v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided September 4, 1991No. 89-3195PublishedCited by 78 opinions

1Opinion of the Court

*1169COX, Circuit Judge:

Petitioner Marvin Edwin Johnson, a Florida death row inmate, appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. A panel of this court concluded that Johnson was entitled to an opportunity to prove the ineffective assistance of sentencing counsel claim contained in his second federal habe-as petition. This is so, the panel concluded, notwithstanding the fact that the claim is procedurally defaulted because Johnson did not present the claim to Florida courts under Florida’s procedural rules, notwithstanding the fact that there…

2Cases cited40 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Gregg v. GeorgiaSupreme Court of the United States · 1976
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Wainwright v. SykesSupreme Court of the United States · 1977

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3Cited by78 opinions

  1. Sawyer v. WhitleySupreme Court of the United States · 1992
  2. Wright v. HopperCourt of Appeals for the Eleventh Circuit · 1999
  3. Jerry Paul Henderson v. Donal Campbell, Commissioner of the Alabama Department of Corrections, Attorney General for the State of AlabamaCourt of Appeals for the Eleventh Circuit · 2003
  4. Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1994
  5. Sims v. SingletaryCourt of Appeals for the Eleventh Circuit · 1998

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