Kenneth W. Hardwick v. Richard L. Dugger

Eleventh Circuit Court of Appeals

July 22, 1987.

Eleventh Circuit Court of Appeals · decided 1987-07-22

2 counsel of record

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Miranda v. State of Arizona Vignera · Chapman v. State of California · Johnson v. Zerbst

Good law ✅— No negative treatment on recordhow we know

Decided 1987-07-22

How this case has been cited

Cited by 40 later decisions — most recently February 2015 · most notably United States v. D'Antoni (1988), Delap v. Dugger (1989)

30 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Larry Helm Spalding, Capital Collateral Representative, Mark Evan Olive, Chief Asst. Capital Collateral Representative, Tallahassee, Fla., for petitioner-appellant.

Robert A. Butterworth, Atty. Gen. of Fla., Dept. of Legal Affairs, Charles Corces, Jr., Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Appeal from the United States District Court for the Southern District of Florida; Norman C. Roettger, Jr., Judge.

Before TJOFLAT, VANCE and CLARK, Circuit Judges.

¶1

Prior report: Fla., 461 So.2d 79.

BY THE COURT:

¶2

Certificate of Probable Cause having been granted by the district court, the motion of petitioner, Kenneth Wayne Hardwick, for Stay of Execution is GRANTED. The execution of the said petitioner is ORDERED STAYED pending the prosecution of his appeal to this court.