Earnest Whitfield v. Secretary, DOC

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 10, 2010
• Docket: 08-16162
• Status: Published

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT AUG 10, 2010 JOHN LEY No. 08-16162 CLERK ________________________

D. C. Docket No. 07-01823-CV-JSM-MAP

EARNEST WHITFIELD,

Petitioner-Appellant,

versus

SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA,

Respondents-Appellees.

________________________

Appeal from the United States District Court for the Middle District of Florida _________________________

(August 10, 2010)

ON REMAND FROM THE SUPREME COURT OF THE UNTIED STATES

Before DUBINA, Chief Judge, EDMONDSON and PRYOR, Circuit Judges. PER CURIAM:

This case is before us on remand from the Supreme Court. See Whitfield v.

McNeil, _ _ _ S. Ct. _ _ _ _, 2010 WL 2471069. We denied Petitioner’s

application for a Certificate of Appealability, relying on our decision in Holland v.

Florida, 539 F.3d 1334 (11th Cir. 2008). Then, the Supreme Court reversed our

judgment in Holland, and remanded that case for further consideration. Holland v.

Florida, 130 S. Ct. 2549 (2010). We therefore remand this case to the district court

for fact finding and further proceedings -- including, if it is necessary, an

evidentiary hearing -- consistent with the Supreme Court’s opinion and judgment

in Holland.

REMANDED.