Hill v. Butterworth, 147 F.3d 1333 (11th Cir. 1998). · Go Syfert
Search
Hill v. Butterworth, 147 F.3d 1333 (11th Cir. 1998). Cases Citing This Book View Copy Cite
12 citation events (10 in the last 25 years) across 4 distinct courts.
Strongest positive: Kelley v. Secretary for the Department of Corrections (ca11, 2004-07-23)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Kelley v. Secretary for the Department of Corrections
11th Cir. · 2004 · confidence medium
We addressed this issue once in Hill v. Butterworth, 133 F.3d 783 (11th Cir.1997), vacated by 147 F.3d 1333, 1334 (11th Cir.1998).
discussed Cited "see, e.g." Spears v. Stewart
9th Cir. · 2002 · signal: see also · confidence low
As we recognized in Ashmus v. Calderon 123 F.3d 1199, 1208 (9th Cir.1997), 16 rev’d on other grounds, 523 U.S. 740 , 118 S.Ct. 1694 , 140 L.Ed.2d 970 , vacated, 148 F.3d 1179 (9th Cir.1998), to permit a state to take advantage of the expedited review procedures in Chapter 154, when the state itself is untimely in meeting its obligation to appoint counsel, would undermine the purpose of Chapter 154. 123 F.3d at 1208 (“California may not take advantage of the six-month limitations period when it takes years to appoint counsel.”); see also Hill v. Butterworth, 941 F.Supp. 1129, 1145-47 (N.D…
discussed Cited "see, e.g." Anthony Marshall Spears v. Terry Stewart, Director of the Arizona Department of Corrections, Opinion
9th Cir. · 2002 · signal: see also · confidence low
As we recognized in Ashmus v. Calderon 123 F.3d 1199, 1208 (9th Cir.1997), 16 rev’d on other *1040 grounds, 523 U.S. 740 , 118 S.Ct. 1694 , 140 L.Ed.2d 970 , vacated, 148 F.3d 1179 (9th Cir.1998), to permit a state to take advantage of the expedited review procedures in Chapter 154, when the state itself is untimely in meeting its obligation to appoint counsel, would undermine the purpose of Chapter 154. 123 F.3d at 1208 (“California may not take advantage of the six-month limitations period when it takes years to appoint counsel.”); see also Hill v. Butterworth, 941 F.Supp. 1129, 1145-4…
discussed Cited "see, e.g." Spears v. Stewart
9th Cir. · 2002 · signal: see also · confidence low
As we recognized in Ashmus v. Calderon 123 F.3d 1199, 1208 (9th Cir.1997), 16 rev'd on other grounds, 523 U.S. 740 , 118 S.Ct. 1694 , 140 L.Ed.2d 970 , vacated, 148 F.3d 1179 (9th Cir.1998), to permit a state to take advantage of the expedited review procedures in Chapter 154, when the state itself is untimely in meeting its obligation to appoint counsel, would undermine the purpose of Chapter 154. 123 F.3d at 1208 ("California may not take advantage of the six-month limitations period when it takes years to appoint counsel."); see also Hill v. Butterworth, 941 F.Supp. 1129, 1145-47 (N.D.Fla.1…
Retrieving the full opinion text from the archive…
Clarence E. Hill, of Himself as an Individual and on Behalf of Himself and All Others Similarly Situated
v.
Robert A. Butterworth, Attorney General for the State of Florida and Harry K. Singletary, Secretary, Florida Department of Corrections.
97-2192.
Court of Appeals for the Eleventh Circuit.
Jul 30, 1998.
147 F.3d 1333
Cited by 2 opinions  |  Published

147 F.3d 1333

11 Fla. L. Weekly Fed. C 1646

Clarence E. HILL, of himself as an individual and on behalf
of himself and all others similarly situated,
Plaintiff-Appellee,
v.
Robert A. BUTTERWORTH, Attorney General for the State of
Florida and Harry K. Singletary, Secretary,
Florida Department of Corrections.
Defendants-Appellants.

No. 97-2192.

United States Court of Appeals,
Eleventh Circuit.

July 30, 1998.

Richard B. Martell, Chief, Carolyn M. Snurkowski, Capital Appeals, Tallahassee, FL, for Defendants-Appellants.

Martin James McClain, Stephen M. Kissinger, Gregory C. Smith, Collateral Representatives, Tallahassee, FL, for Plaintiff-Appellee.

Appeal from the United States District Court for the Northern District of Florida (No. 4:96-CV-288-MMP); Maurice M. Paul, Judge.

Before HATCHETT, Chief Judge, and FAY and FARRIS[*], Senior Circuit Judges.Petition for Rehearing.

HATCHETT, Chief Judge:

In light of Calderon v. Ashmus, --- U.S. ----, 118 S.Ct. 1694, 140 L.Ed.2d 970 (1998), we grant Florida's petition for rehearing, vacate our previous opinion, Hill v. Butterworth, 133 F.3d 783 (11th Cir.1997), reverse the judgment of the district court, and remand the case with instructions to dissolve the injunction and dismiss the complaint for want of a justiciable case or controversy. See Hill, 133 F.3d at 785 n. 7 (Florida raised this issue on appeal).[**]

REVERSED and REMANDED.

*

Honorable Jerome Farris, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by designation

**

Florida's motion to stay is denied as moot