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BELLIZIA v. FLORIDA DEPT. OF CORRECTIONS

No. 09-13838.

614 F.3d 1326 (2010)

Julio Cesar BELLIZIA, Petitioner-Appellee, v. FLORIDA DEPARTMENT OF CORRECTIONS, Secretary, Walter A. McNeil, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 20, 2010.

Attorney(s) appearing for the Case

Michael C. Greenberg, Miami, FL, for Respondent-Appellant.

Jose Rafeal Rodriguez (Court-Appointed), Rodriguez & Fernandez PA, Miami, FL, for Petitioner-Appellee.

Before BARKETT and MARCUS, Circuit Judges, and HOOD, District Judge.

PER CURIAM:

Walter A. McNeil, the Secretary for the Florida Department of Corrections ("the State"), appeals the district court's grant of Julio Cesar Bellizia's 28 U.S.C. § 2254 habeas corpus petition. The district court granted Bellizia's § 2254 petition, finding that his trial counsel was ineffective for failing to move for a judgment of acquittal during Bellizia's trial in state court on the ground that the...

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