Legal Opinion

Muhammad v. Tucker

District Court, S.D. Florida

Decided November 9, 2012No. Case No. 06-20570-CIVPublishedCited by 3 opinions

1Opinion of the Court

Order Conditionally Granting Habeas Corpus Petition & Closing Case

ADALBERTO JORDAN, District Judge.

This capital case, which has spanned almost 40 years, has been before the Florida Supreme Court four times, and before the Eleventh Circuit once before. On this latest trip through the federal system, I conditionally grant the habeas corpus petition filed by Askari Abdullah Muhammad2 and order that the state resentence him for the 1974 murders of Sydney and Lillian Gans or commute his death sentences to life sentences.

Normally, the granting of habeas relief in a capital case means that, at least…

2Cases cited124 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. Crawford v. WashingtonSupreme Court of the United States · 2004
  5. United States v. BagleySupreme Court of the United States · 1985

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3Cited by3 opinions

  1. Askari Abdullah Muhammad v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2013
  2. Askari Abdullah Muhammad v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2013
  3. Askari Abdullah Muhammad v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2013

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