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Melson v. Allen

United States Court of Appeals, Eleventh Circuit
Jul 27, 2010
611 F.3d 1380 (11th Cir. 2010)

Summary

remanding case to district court for further consideration in light of the Supreme Court's decision in Holland v. Florida, infra

Summary of this case from Crumpton v. Patterson

Opinion

No. 06-14047.

July 27, 2010.

James T. Lawley, James H. Carter, John Palombi, Matt D. Schultz, Fed. Pub. Defenders, Robert M. Illman, Fed. Defenders Program, Inc., Christine A. Freeman, Fed. Pub. Def., Federal Defender MAL, Montgomery, AL, for Petitioner-Appellant.

Beth Jackson Hughes, J. Clayton Crenshaw, Montgomery, AL, for Respondent-Appellee.

Appeal from the United States District Court for the Northern District of Alabama (No. 04-03422-CV-VEH-HGD); Virginia Emerson Hopkins, Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before BIRCH, BARKETT and WILSON, Circuit Judges.


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, ___ U.S. ___, 130 S.Ct. 3491, ___ L.Ed.2d ___, 2010 WL 2471066 (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, 177 L.Ed.2d 130 (2010). 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.


Summaries of

Melson v. Allen

United States Court of Appeals, Eleventh Circuit
Jul 27, 2010
611 F.3d 1380 (11th Cir. 2010)

remanding case to district court for further consideration in light of the Supreme Court's decision in Holland v. Florida, infra

Summary of this case from Crumpton v. Patterson
Case details for

Melson v. Allen

Case Details

Full title:Robert Bryant MELSON, Petitioner-Appellant, v. Richard F. ALLEN…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jul 27, 2010

Citations

611 F.3d 1380 (11th Cir. 2010)

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