Legal Opinion

Lamarca v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided May 19, 2009No. 08-16775PublishedCited by 51 opinions

1Opinion of the Court

BLACK, Circuit Judge:

Anthony Lamarca seeks a certificate of appealability (COA) to appeal three claims from his 28 U.S.C. § 2254 federal habeas corpus petition. Lamarca, a Florida prisoner under a sentence of death, was convicted of first-degree murder in 1997. In a 57-page order, the district court denied Lamarca’s § 2254 petition, in which he set forth six claims for relief, and declined to issue a COA. Lamarca timely applied for a COA with this Court. We deny the application for a COA because Lamarca has failed to make a substantial showing of the denial of a constitutional right. See 28…

2Cases cited25 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Brady v. MarylandSupreme Court of the United States · 1963
  4. Chapman v. CaliforniaSupreme Court of the United States · 1967
  5. Miller-El v. CockrellSupreme Court of the United States · 2003

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3Cited by51 opinions

  1. Shelton v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2011
  2. Ferguson Ex Rel. Ferguson v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2009
  3. United States v. Lourdes Margarita GarciaCourt of Appeals for the Eleventh Circuit · 2018
  4. Anthony John Ponticelli v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
  5. Vining v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2010

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