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KELLEY v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 03-10513.

377 F.3d 1317 (2004)

William H. KELLEY, Petitioner-Appellee, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Secretary Florida Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 23, 2004.

Attorney(s) appearing for the Case

James Charles Lohman, Austin, TX, for Petitioner-Appellee.

Carol M. Dittmar, Tampa, FL, for Respondent-Appellant.

Before TJOFLAT, ANDERSON and WILSON, Circuit Judges.

TJOFLAT, Circuit Judge:

The petitioner, William H. Kelley, is a Florida prisoner on death row, having been convicted of first degree murder. The district court granted a writ of habeas corpus setting aside his conviction and sentence.1 We reverse.

This case — from the time of the murder to the present — has spanned nearly thirty-eight years. Understandably, its history is quite complicated. For the readers' convenience...

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