· 10/7/1994
Joseph R. Spaziano v. Harry K. Singletary, Secretary, Florida Department of Corrections, Thomas L. Barton, Superintendent, Florida State Prison
Citations
- 36 F.3d 1028
- 1994 U.S. App. LEXIS 28099
- 1994 WL 546622
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court’s finding as to what state trial judge knew and did is a question of historical fact reviewed for clear error
- stating that the new rule “must be so fundamentally important that its announcement is a ‘groundbreaking occurrence’ ”
- stating that the new rule \must be so fundamentally important that its announcement is a `groundbreaking occurrence'\
- noting that trial court was required to consider any mitigating evidence actually presented at resentencing
- holding the district court had not erred in denying an evidentiary hearing, because \the record trumps the Schwarz affidavit and conclusively shows that this claim is without merit\
- noting that trial court was required to consider any mitigating evidence actually presented at resentencing
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Edmondson, Carnes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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