Legal Opinion

Rozzelle v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided February 29, 2012No. 10-13595PublishedCited by 173 opinions

1Per curiam

Roger Allen Rozzelle appeals the district court’s denial of his untimely 28 U.S.C. § 2254 petition challenging his Florida second-degree murder conviction. After review and oral argument, we affirm.

I. BACKGROUND

An information charged Petitioner Rozzelle with one count of second-degree murder, in violation of Florida Statutes § 782.04(2). This appeal centers around the “depraved mind” mens rea in § 782.04(2), which defines second-degree murder as “[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of…

2Cases cited47 opinions

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Bousley v. United StatesSupreme Court of the United States · 1998
  4. Herrera v. CollinsSupreme Court of the United States · 1993
  5. House v. BellSupreme Court of the United States · 2006

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3Cited by173 opinions

  1. Jerry Reeves v. Superintendent Fayette SCICourt of Appeals for the Third Circuit · 2018
  2. Kevin Spencer v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
  3. Joseph Wallace v. Superintendent Mahanoy SCICourt of Appeals for the Third Circuit · 2021
  4. Rhonda Fleming v. Warden of FCI TallahasseeCourt of Appeals for the Eleventh Circuit · 2015
  5. Crosley Alexander Green v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2022

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