EARNEST WHITFIELD, PETITIONER-APPELLANT,
v.
SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA, RESPONDENTS-APPELLEES

11th Cir. | 2010-08-10
No. 08-16162
Before DUBINA, Chief Judge, and EDMONDSON and PRYOR, Circuit Judges.
613 F.3d 1318 Court of Appeals for the Eleventh Circuit (2010) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: This case is before us on remand from the Supreme Court. See Whitfield v. McNeil, — U.S. -, 130 S.Ct. 3451, - L.Ed. 2d -. 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, — U.S. -, 130 S.Ct. 2549, 177 L.Ed.2d 130 (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.

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