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· 8/29/2005

LeCroy v. Secretary, Florida Department of Corrections

Citations

  • 421 F.3d 1237
  • 2005 U.S. App. LEXIS 18570
  • 2005 WL 2055917

How courts have described this case

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

  • noting that there was no Brady violation because the defendant could have obtained the information had he used “reasonable diligence”
  • concluding that a state postconviction court’s denial of a defendant’s Rule 3.850 motion rested on an independent and adequate state ground where the court determined that the defendant failed to comply with the procedural requirements of Rule 3.850
  • noting that, for purposes of exhaustion, a substantive claim is “separate and distinct” from an ineffective-assistance-of-counsel claim based on the substantive claim
  • noting that there was no violation because the defendant could have obtained the information had he used “reasonable diligence”
  • noting that a substantive claim was “separate and distinct” from an ineffective assistance claim based on the substantive claim
  • finding no Brady violation where defendant’s counsel could have obtained the relevant evidence by exercising “reasonable diligence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson, Birch, 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.