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MCKIVER v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 18-14857.

991 F.3d 1357 (2021)

Luther MCKIVER, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 25, 2021.

Attorney(s) appearing for the Case

Rachael Elizabeth Reese , O'Brien Hatfield Reese, PA, Tampa, FL, for Petitioner-Appellant.

Robin A. Compton , Attorney General's Office, Daytona Beach, FL, Pamela Jo Bondi , Attorney General's Office, Office of Statewide Prosecution, Tampa, FL, for Respondents-Appellees.

Before MARTIN, LUCK, and BRASHER, Circuit Judges.

After a Florida jury convicted Luther McKiver of trafficking oxycodone, a state postconviction court granted McKiver a new trial based on allegations that his trial counsel was ineffective. But McKiver's success was short-lived. The state appealed, and an appellate court reversed in a one-sentence order. Eventually, McKiver...

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