Legal Opinion

CARY LAMBRIX v. SECRETARY, DOC

Court of Appeals for the Eleventh Circuit

Decided October 5, 2017No. 17-14413 Non-Argument CalendarPublishedCited by 18 opinions

1Per curiam

Petitioner Cary Michael Lambrix, a Florida prisoner sentenced to death, has a scheduled execution date of October 5, 2017. On October 4, 2017, Lambrix filed a notice of appeal. On October 5, 2017, Lam-brix filed a motion for a stay of execution in this Court. Lambrix seeks review of the district court’s order dismissing his fifth 28 U.S.C. § 2254 petition (that Lambrix filed on October 2, 2017) and denying his motion for a stay of execution.

The State has filed an emergency motion to vacate the district court’s order granting Lambrix a certificate of appeala-bility (“COA”) as defective, as the…

2Cases cited38 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Miller-El v. CockrellSupreme Court of the United States · 2003
  4. Williams v. TaylorSupreme Court of the United States · 2000
  5. Harrington v. RichterSupreme Court of the United States · 2011

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3Cited by18 opinions

  1. Richard Knight v. Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2019
  2. Gary Ray Bowles v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2019
  3. Cunningham v. KellyDistrict Court, D. Oregon · 2019
  4. Dallas Goodloe v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
  5. Freddie B. Walker v. Warden, Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2020

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