Ace Patterson v. Secretary, Florida Department of Corrections

JORDAN, Circuit Judge,

joined by WILSON, MARTIN, ROSENBAUM and JILL PRYOR, Circuit Judges, dissenting:

There are legitimate questions about whether Insignares v. Secretary, Florida Department of Corrections, 755 F.3d 1273 (11th Cir. 2014), correctly applied Magwood v. Patterson, 561 U.S. 320, 130 S.Ct. 2788, 177 L.Ed.2d 592 (2010), as to when there is an intervening judgment under 28 U.S.C. §§ 2244(b) & 2254(b). But if we are going to leave Insignares undisturbed, I “do not see how [that case] and [the majority’s decision here] can coexist.” United States v. Bryan, 339 U.S. 323, 343, 70 S.Ct.…