Legal Opinion

Shawn Marcus Henry v. Department of Corrections, Michael W. Moore, as Director, State of Florida

Court of Appeals for the Eleventh Circuit

Decided December 29, 1999No. 98-5089PublishedCited by 36 opinions

1Opinion of the Court

COX, Circuit Judge:

Shawn Marcus Henry seeks a certificate of appealability (COA) as mandated by 28 U.S.C. § 2253(c) to appeal the district court’s denial of his 28 U.S.C. § 2254 petition. Henry’s petition requires us to determine the proper standard for granting a COA when, as was the case here, the district court disposes of a petition on procedural grounds.

I. Procedural History

Henry was accused of entering the apartment of an acquaintance and shooting him. A Florida state court convicted Henry of first-degree murder and armed burglary, crimes for which he is currently serving concurrent…

2Cases cited18 opinions

  1. Edwards v. ArizonaSupreme Court of the United States · 1981
  2. Picard v. ConnorSupreme Court of the United States · 1971
  3. Barefoot v. EstelleSupreme Court of the United States · 1983
  4. Gray v. NetherlandSupreme Court of the United States · 1996
  5. Vasquez v. HillerySupreme Court of the United States · 1986

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3Cited by36 opinions

  1. Cedric Eagle v. Leland LinahanCourt of Appeals for the Eleventh Circuit · 2001
  2. Webster v. MooreCourt of Appeals for the Eleventh Circuit · 2000
  3. Franklin v. HightowerCourt of Appeals for the Eleventh Circuit · 2000
  4. Pope v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
  5. Zeigler v. CrosbyCourt of Appeals for the Eleventh Circuit · 2003

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

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