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· 11/8/2023

DERRICK V. HOSKIN v. THE STATE OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, in light of Musladin , a court must first determine whether the petitioner seeks to apply a rule of law that was clearly established by the Supreme Court at the time his or her conviction became final
  • holding that while a Supreme Court holding need not “have had its genesis in [a] closely-related or similar factual context” to the case at issue, “the Supreme Court must have expressly extended the legal rule to that context”
  • explaining that “Supreme Court holdings—the exclusive touchstone for clearly established federal law—must be construed narrowly and consist only of something akin to on-point holdings”
  • explaining that “Supreme Court holdings—the exclusive touchstone for clearly established federal law—must be construed narrowly and consist only of something akin to on-point holdings”
  • explaining that “Supreme Court holdings—the exclusive touchstone for clearly established federal law—must be construed 5 Crow concedes that Justus complied with 28 U.S.C. § 2244(d)(1
  • explaining that “Supreme Court holdings—the exclusive touchstone for clearly established federal law—must be construed narrowly and consist only of something akin to on-point holdings”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.