Legal Opinion

Carroll v. SECRETARY, DOC

Court of Appeals for the Eleventh Circuit

Decided July 17, 2009No. 08-14317PublishedCited by 300 opinions

1Opinion of the Court

BLACK, Circuit Judge:

Elmer Leon Carroll, a Florida prisoner under a sentence of death, appeals the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court granted a certificate of appealability as to the second claim from Carroll’s petition: Whether Carroll was denied his rights of due process and equal protection when the state court failed to grant an evidentiary hearing on his claim of mental retardation and mental illness under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). After review and oral argument, we…

2Cases cited16 opinions

  1. Ring v. ArizonaSupreme Court of the United States · 2002
  2. Schriro v. LandriganSupreme Court of the United States · 2007
  3. Atkins v. VirginiaSupreme Court of the United States · 2002
  4. Huff v. StateSupreme Court of Florida · 1993
  5. Joseph R. Spaziano v. Harry K. Singletary, Secretary, Florida Department of Corrections, Thomas L. Barton, Superintendent, Florida State PrisonCourt of Appeals for the Eleventh Circuit · 1994

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3Cited by300 opinions

  1. United States v. AkbarCourt of Appeals for the Armed Forces · 2015
  2. Robert Wayne Holsey v. Warden, Georgia Diagonstic PrisonCourt of Appeals for the Eleventh Circuit · 2012
  3. Spencer v. SECRETARY, DEPT. OF CORRECTIONSCourt of Appeals for the Eleventh Circuit · 2010
  4. Alonzo Lydell Burgess v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2013
  5. Carroll v. StateSupreme Court of Florida · 2013

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