Lambrix v. Secretary, DOC, No. 17-14413 (11th Cir. 2017)
Annotate this CaseThe Eleventh Circuit granted the State's motion to vacate the district court's certification of appealability and denied petitioner's stay of execution. Petitioner contended that his federal Due Process, Equal Protection, and Eighth Amendment rights were violated by the state court's failure to give retroactive effect to (1) Chapter 2017-1, a revised version of Florida Statute 921.141 (Florida's capital sentencing statute), and (2) the U.S. Supreme Court's decision in Hurst v. Florida. The court assumed without deciding that the current petition was not a second or successive one for purposes of 28 U.S.C. 2244(b) purposes, and held that the Florida Supreme Court's rejection of petitioner's constitutional-statutory claim was not contrary to, or an unreasonable application of, the holding of a Supreme Court decision.
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