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Eleventh Circuit· 1/14/2015

In re: Cary Michael Lambrix

Citations

  • 776 F.3d 789
  • 2015 WL 167685
  • 2015 U.S. App. LEXIS 602

How courts have described this case

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

  • holding that published decisions' in the context of an application for permission to file a second or successive § 2255 petition are binding precedent
  • recognizing that where trial evidence differs substantially from evidence considered on appeal, the law-of-the-case doctrine does not prohibit consideration of the evidence in post-appeal proceedings in the trial court
  • holding that a prior panel’s order regarding an application to file a second or successive habeas corpus petition precluded the applicant’s instant application to file a second or successive habeas corpus petition
  • holding that “our prior-panel-precedent rule applies with equal force as to prior panel decisions published in the context of applications to file second or successive petitions. In other words, published three-judge orders issued under [28 U.S.C.] § 2244(b
  • noting that “a prior panel precedent cannot be circumvented or ignored on the basis of arguments not made to or considered by the prior panel.”
  • stating that this Court has “categorically rejected an overlooked reason or argument exception to the prior-panel-precedent rule”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Tjoflat, Hull

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.