discussed Cited as authority (rule) Rompilla v. Horn The Majority’s decision overturning the District Court’s grant of a writ of habeas corpus and rejecting Rompilla’s claim of ineffective assistance of counsel is inexplicable in light of the Supreme Court’s most recent application of Strickland in Wiggins v. Smith, 123 S. Ct. 68 2527 (2003), under circumstances remarkably similar to those presented here.

discussed Cited "see" Ruth Dyer v. Shannon Lee See Willingham v. Loughnan, 261 F.3d 1178, 1183 (11th Cir.2001) (“[A] finding of excessive force by the jury in this civil case does not necessarily call into question the validity of section 1983 Plaintiffs criminal conviction [for attempted murder and battery of an officer].”), cert. granted and vacated on other grounds, 537 U.S. 801 , 123 S.Ct. 68 , 154 L.Ed.2d 2 (2002). 4 These cases do not address the specific argument put forward here, that a successful § 1983 suit should be barred because it would establish that the plaintiff would have had an affirmative defense to the underlying …

discussed Cited "see, e.g." Kirk Dixon v. Nathan S. Pollock Pollock admits, in an accurate statement of the law, that "[i]t is possible for an excessive-force action and a battery conviction to coexist without running afoul of Heck ." Appellee Br. at 5; see also Willingham v. Loughnan , 261 F.3d 1178 , 1183 (11th Cir. 2001), rev'd on other grounds , 537 U.S. 801 , 123 S.Ct. 68 , 154 L.Ed.2d 2 (2002).