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SHELTON v. SECRETARY, DEPT. OF CORRECTIONS

No. 11-13515.

691 F.3d 1348 (2012)

Mackle Vincent SHELTON, Petitioner-Appellee, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 24, 2012.

Attorney(s) appearing for the Case

James E. Felman , Clarisse Moreno , Katherine Earle Yanes , Kynes, Markman & Felman, PA, Tampa, FL, for Petitioner-Appellee.

Wesley Heidt , Pam Bondi , Atty. Gen.'s Office, Daytona Beach, FL, for Respondents-Appellants.

Steven Seliger , 2nd Cir. Pub. Def.'s Office, Tallahassee, FL, Todd A. Foster , Cohen & Foster, PA, Tampa, FL, David Oscar Markus , Markus & Markus, PLLC, Miami, FL, Vikrant P. Reddy , Texas Pub. Policy Foundation, Austin, TX, for Florida Pub. Def. Ass'n, Inc., Nat. Ass'n of Criminal Defense Lawyers, et al., Texas Pub. Policy Foundation, Amici Curiae.

Before WILSON, ANDERSON and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A Florida state prisoner petitioned for federal habeas relief, challenging the constitutionality of a Florida statute that altered the mens rea requirement for state drug offenses.1 The district court, finding a due process violation, granted relief. We conclude that the state court did not unreasonably apply clearly established federal law, as determined by the U.S. Supreme Court, and reverse.<...

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