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· 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 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.