U.S. Court of Appeals for the Eleventh Circuit, 2010

Melson v. Allen

Melson v. Allen
U.S. Court of Appeals for the Eleventh Circuit · Decided July 27, 2010 · Birch, Barkett, Wilson
611 F.3d 1380; 2010 U.S. App. LEXIS 15353; 2010 WL 2902781 (Federal Reporter, Third Series)

Counsel

James T. Lawley, James H. Carter, John Palombi, Matt D. Schultz, Fed. Pub. Defenders, Robert M. Illman, Fed. Defenders Program, Inc., Christine A. Freeman, Fed. Pub. Def., Federal Defender MAL, Montgomery, AL, for Petitioner-Appellant., Beth Jackson Hughes, J. Clayton Crenshaw, Montgomery, AL, for RespondentAppellee.

Melson v. Allen

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Opinion

PER CURIAM:

In Melson v. Allen, 548 F.3d 993 (11th Cir. 2008), we affirmed Robert B. Melson’s death sentence following his 1996 capital murder convictions. The Supreme Court vacated our judgment, Melson v. Allen, - U.S. -, 130 S.Ct. 3491, - L.Ed.2d -, 2010 WL 2471066 (2010), and remanded the case to us for further consideration in light of its decision in Holland v. *1381 Florida, 560 U.S. -, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). We hereby remand this case to the district court so that it may conduct the necessary fact-finding in the first instance in accordance with the principles set forth in Holland.

REMANDED.

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