Robert Bryant Melson v. Richard F. Allen, No. 06-14047 (11th Cir. 2010)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on November 14, 2008.
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-14047 ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 27, 2010 JOHN LEY CLERK D. C. Docket No. 04-03422-CV-VEH-HGD ROBERT BRYANT MELSON, Petitioner-Appellant, versus RICHARD F. ALLEN, Commissioner, Alabama Department of Corrections, Respondent-Appellee. ________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________ (July 27, 2010) ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before BIRCH, BARKETT and WILSON, Circuit Judges. PER CURIAM: In Melson v. Allen, 548 F.3d 993 (11th Cir. 2008), we affirmed Robert B. Melson s death sentence following his 1996 capital murder convictions. The Supreme Court vacated our judgment, Melson v. Allen, ___ S. Ct.___, 2010 WL 2471066 (June 21, 2010), and remanded the case to us for further consideration in light of its decision in Holland v. Florida, 560 U.S. ___, 130 S. Ct. 2549 (2010) WL 2346549. We hereby remand this case to the district court so that it may conduct the necessary fact-finding in the first instance in accordance with the principles set forth in Holland. REMANDED. 2
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