Legal Opinion

Duke v. Allen

Court of Appeals for the Eleventh Circuit

Decided May 26, 2011No. 09-16011PublishedCited by 5 opinions

1Opinion of the Court

EDMONDSON, Circuit Judge:

Petitioner Mark Duke seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. We conclude that Petitioner is entitled to no relief under section 2254 and affirm the district court’s grant of summary judgment for Respondent.

I. BACKGROUND

In 1999, Petitioner was prosecuted in Alabama state court for the murders of his father and three other persons.1 At Petitioner’s trial, Petitioner’s defense was that he had killed only his father, Randy Duke, and had no role in the other three murders. Had Petitioner’s defense succeeded, he would have avoided a sentence of death or of…

2Cases cited14 opinions

  1. Barefoot v. EstelleSupreme Court of the United States · 1983
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. Yarborough v. AlvaradoSupreme Court of the United States · 2004
  5. Roper v. SimmonsSupreme Court of the United States · 2005

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

3Cited by5 opinions

  1. John Burr v. Denise JacksonCourt of Appeals for the Fourth Circuit · 2021
  2. Deangelo Whiteside v. United StatesCourt of Appeals for the Fourth Circuit · 2014
  3. Duke v. AllenCourt of Appeals for the Eleventh Circuit · 2011
  4. Duke v. AllenCourt of Appeals for the Eleventh Circuit · 2011
  5. Javier Solis v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2018

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