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603 F.3d 1236

Docket No. 07-13086.

Wellons v. Hall

Eleventh Circuit Court of Appeals

Decided April 19, 2010.

Eleventh Circuit Court of Appeals · decided 2010-04-19

Cited by 2 later decisions — most recently September 2012

1 federal appellate ·

2 counsel of record

Relies on Tanner v. United States · Cone v. Bell · Wellons v. Hall

Good law ✅— No negative treatment on recordhow we know

Decided 2010-04-19

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¶1Mary Elizabeth Wells (Courh-Appointed), Atlanta, GA, for Wellons.

¶2Patricia Beth Attaway Burton, State of GA Law Dept., Atlanta, GA, for Hall.

¶3Before TJOFLAT, BLACK and WILSON, Circuit Judges.

¶4WILSON, Circuit Judge:

¶5In this case, one or more jurors gave the judge and the bailiff tasteless and disturbing gifts. No court that has reviewed this case has been comfortable with these gifts.1 Yet, troubling facts do not auto*1237matically give rise to a legal claim. Articulating a rule that fairly addresses this scenario poses an uncommon challenge. The Supreme Court’s opinion in this case, Wellons v. Hall, 558 U.S.-, 130 S.Ct. 727, — L.Ed.2d-(2010) (per curiam), demonstrates that point. In view of the extraordinary circumstances of this case, and for the purposes of this case alone, we reverse the district judge’s denial of discovery and an evidentiary hearing and remand this case for further proceedings that are consistent with the Supreme Court’s opinion, as well as its opinion in Cone v. Bell, 556 U.S.-, 129 S.Ct. 1769, 173 L.Ed.2d 701 (2009). The district court should grant discovery and conduct an evidentiary hearing as it sees fit, in keeping with its analysis of Tanner v. United States, 483 U.S. 107, 107 S.Ct. 2739, 97 L.Ed.2d 90 (1987) and the related cases.

¶6REVERSED AND REMANDED.

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