· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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