Rozzelle v. Secretary, Florida Department of Corrections

How courts have described this case

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

• concluding that habeas petitioner did not satisfy Schlup because his new evidence was “largely cumulative of what the jury heard”
• determining that a USCA11 Case: 18-13995 Date Filed: 08/24/2022 Page: 48 of 69 48 Opinion of the Court 18-13995 threshold issue was “[n]ecessarily subsumed” within the COA, even though the COA did not expressly include the issue
• noting that in McKay v. United States, 657 F.3d 1190 (11th Cir. 2011
• concluding no relief is possible for “petitioners, like Rozzelle, who did the killing and whose alleged ‘actual innocence’ of a non-capital homicide conviction is premised on being guilty of only a lesser degree of homicide”
• refraining from reaching issue of whether petitioner's evidence that was available at trial but was not presented should be considered \new\ for purposes of Schlup
• addressing a threshold issue “[n]ecessarily subsumed” within the COA, even though the COA did not expressly include the issue

Source: CourtListener parenthetical corpus (CC0).