Patterson v. Secretary, FL Dept. of Corr., No. 12-12653 (11th Cir. 2016)
Annotate this CasePetitioner, a Florida prisoner, appealed the district court's dismissal of his 28 U.S.C. 2254 habeas corpus petition as second or successive under 28 U.S.C. 2244(b). The court concluded that, under the court's prior decision in Insignares v. Secretary, petitioner's section 2254 petition is not second or successive within the meaning of section 2244(b). The court concluded that, as in Insignares, the state trial court’s grant of petitioner’s Rule 3.800 motion and its vacatur of the punishment of chemical castration from the original sentence constituted a resentencing that resulted in a new judgment, even though petitioner’s total custodial term (life in prison) remained the same, and even though the current habeas corpus petition challenges only the underlying convictions. Accordingly, the court reversed and remanded.
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