ZACK v. TUCKER

No. 09-12717.

666 F.3d 1265 (2012)

Michael Duane ZACK, III, Petitioner-Appellant, v. Kenneth S. TUCKER, Pam Bondi, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 9, 2012.


Attorney(s) appearing for the Case

Martin J. McClain (Court-Appointed), Linda McDermott (Court-Appointed), McClain & McDermott, P.A., Wilton Manors, FL, for Petitioner-Appellant.

Charmaine M. Millsaps , Tallahassee, FL, for Respondents-Appellees.

Before DUBINA, Chief Judge, and EDMONDSON and PRYOR, Circuit Judges.


PER CURIAM.

This appeal raises questions of statutory construction and of the doctrine of precedent.

Petitioner was convicted in Florida state court and was sentenced to death. The Florida Supreme Court affirmed Petitioner's conviction and sentence and later denied post-conviction relief. The District Court denied habeas relief but granted a certificate of appealability on the question of the habeas petition's timeliness. We vacate the District Court's decision...

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