Keith Edmund Gavin v. Commissioner, Alabama Department of Corrections

Eleventh Circuit

Keith Edmund Gavin v. Commissioner, Alabama Department of Corrections

CourtCourt of Appeals for the Eleventh Circuit

DecidedDecember 10, 2020

Docket20-11271

StatusPublished

This text of Keith Edmund Gavin v. Commissioner, Alabama Department of Corrections (Keith Edmund Gavin v. Commissioner, Alabama Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Keith Edmund Gavin v. Commissioner, Alabama Department of Corrections, (11th Cir. 2020).

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Opinion

USCA11 Case: 20-11271 Date Filed: 12/10/2020 Page: 1 of 2

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 20-11271-P ________________________

KEITH EDMUND GAVIN,

Petitioner - Appellee Cross -Appellant,

versus

COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS,

Respondent - Appellant Cross Appellee. ________________________

Appeal from the United States District Court for the Northern District of Alabama ________________________

Before: JORDAN, BRANCH, and LUCK, Circuit Judges.

BY THE COURT:

Appellee Cross-Appellant’s motion for reconsideration of the October 23, 2020 order is

DENIED. USCA11 Case: 20-11271 Date Filed: 12/10/2020 Page: 2 of 2

JORDAN, Circuit Judge, dissenting.

Based upon the standard articulated by the Supreme Court in cases like Buck

v. Davis, 137 S. Ct. 759, 773-75 (2017), I would grant Mr. Gavin’s motion for

reconsideration, and issue a COA on whether trial counsel rendered ineffective

assistance during the guilt phase.

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