EVANS v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 11-14498.

699 F.3d 1249 (2012)

Paul H. EVANS, Petitioner-Appellee Cross Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellants Cross Appellees.

United States Court of Appeals, Eleventh Circuit.

October 23, 2012.


Attorney(s) appearing for the Case

Suzanne Myers Keffer (Court-Appointed), Neal A. Dupree (Court-Appointed), Christina L. Spudeas (Court-Appointed), CCRC-South, Fort Lauderdale, FL, Martin J. McClain (Court-Appointed), McClain & McDermott, Wilton Manors, FL, for Petitioner-Appellee-Cross Appellant.

Leslie Teresa Campbell , Atty. Gen.'s Office, West Palm Beach, FL, Charmaine Mary Millsaps , Atty. Gen.'s Office, Tallahassee, FL, for Respondents-Appellants-Cross Appellees.

Elliot H. Scherker , Greenberg Traurig, PA, Miami, FL, for Nat. Ass'n of Criminal Defense Lawyers, Amicus Curiae.

Karen M. Gottlieb , Coconut Grove, FL, Sonya Rudenstine , Gainesville, FL, Michael Robert Ufferman , Michael Ufferman Law Firm, PA, Tallahassee, FL, for Florida Ass'n of Criminal Defense Lawyers and Florida Capital Resource Ctr., Amici Curiae.

Before CARNES, MARCUS and PRYOR, Circuit Judges.


CARNES, Circuit Judge:

Confident that he knew what the future would bring, one of Shakespeare's characters boasted that "[t]here are many events in the womb of time which will be delivered." William Shakespeare, Othello, Act I, Scene 3, lines 412-13. On the subject of lower courts predicting that the Supreme Court is going to overrule one of its own decisions, however, Judge Hand cautioned against "embrac[ing] the exhilarating opportunity of anticipating a...

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