John Gary Hardwick, Jr. v. Harry K. Singletary, Jr., Sec'y, Florida Dep't of Corr., 122 F.3d 935 (11th Cir. 1997). · Go Syfert
John Gary Hardwick, Jr. v. Harry K. Singletary, Jr., Sec'y, Florida Dep't of Corr., 122 F.3d 935 (11th Cir. 1997). Cases Citing This Book View Copy Cite
23 citation events (4 in the last 25 years) across 4 distinct courts.
Strongest positive: Hardwick v. Crosby (ca11, 2003-01-31)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Hardwick v. Crosby (2×)
11th Cir. · 2003 · confidence medium
Pursuant to Hardwick’s argument that the district judge erroneously had applied AEDPA because his petition was pending on April 26, 1996, when AEDPA was enacted, our court remanded for “reevaluation of Hardwick’s application for a certificate of probable cause in light of pre-AEDPA law.” Hardwick v. Singletary 122 F.3d 935, 936 (11th Cir.1997) (per cu-riam).
discussed Cited as authority (rule) Peoples v. Haley (2×) also: Cited "see"
11th Cir. · 2000 · confidence medium
Cir. 1998) (same); Tejeda v. Dubois, 142 F.3d 18 , 21-22 & n.4 (1st Cir. 1998) (same); Berrios v. United States, 126 F.3d 430 , 431 n.2 (2d Cir. 1997) (same); United States v. Skandier, 125 F.3d 178, 179-82 (3rd Cir. 1997) (same); Hardwick v. Singletary, 122 F.3d 935, 936 (11th Cir.) (per curiam), modified on reh’g per curiam, 126 F.3d 1312, 1313 (11th Cir. 1997)(same); Arredondo v. United States, 120 F.3d 639, 640 (6th Cir. 1997) (same); United States v. Carter, 117 F.3d 262, 264 (5th Cir. 1997) (same).
discussed Cited as authority (rule) Peoples v. Haley (2×) also: Cited "see"
11th Cir. · 2000 · confidence medium
Neither Lindh nor the lower court decisions that followed, however, clearly answered the question whether the AEDPA required an unsuccessful habeas petitioner to obtain a COA from the district court in order to appeal the denial of relief if the notice of appeal was filed after the effective date of the AEDPA. 2 Compare Tiedeman v. Benson, 122 F.3d 518, 520-21 (8th Cir.1997) (holding that COA is required in cases in which the notice of appeal is filed after the effective date of the AEDPA, even though the habeas petition was originally filed in the district court before that date), with Fuller…
discussed Cited as authority (rule) Peoples v. Haley (2×)
11th Cir. · 2000 · confidence medium
See Tompkins v. Moore, 193 F.3d 1327, 1330 (11th Cir. 1999); Hardwick v. Singletary, 122 F.3d 935, 936 (11th Cir.) (per curiam), modified on reh’g per curiam, 126 F.3d 1312, 1313 (11th Cir. 1997); 28 U.S.C. § 2253 (1994).
discussed Cited as authority (rule) Slack v. McDaniel (2×)
SCOTUS · 2000 · confidence medium
See Fuller v. Roe, 182 F. 3d 699, 702 (CA9 1999) (per curiam); Crowell v. Walsh, 151 F. 3d 1050 , 1051-1052 (CADC 1998); Tejeda v. Dubois, 142 F. 3d 18, 22, n. 4 (CA1 1998); Berrios v. United States, 126 F. 3d 430, 431, n. 2 (CA2 1997); United States v. Kunzman, 125 F. 3d 1363, 1364, n. 2 (CA10 1997); United States v. Skandier, 125 F. 3d 178, 179-182 (CA3 1997); Hardwick v. Singletary, 122 F. 3d 935, 936 (per curiam), vacated in part on other grounds, 126 F. 3d 1312 (CA11 1997) (per curiam); Arredondo v. United States, 120 F. 3d 639, 640 (CA6 1997); United States v. Carter, 117 F. 3d 262, 264 …
discussed Cited as authority (rule) Oats v. Singletary
11th Cir. · 1998 · confidence medium
See Lindh v. Murphy, - U.S. -, -, 117 S.Ct. 2059, 2068 , 138 L.Ed.2d 481 (1997); see also Neelley v. Nagle, 138 F.3d 917, 921 (11th Cir.1998); Hardwick v. Singletary, 122 F.3d 935, 936 (11th Cir.1997), vacated in part on reconsideration, 126 F.3d 1312 (11th Cir.1997). 2 .
discussed Cited as authority (rule) Oats v. Singletary
11th Cir. · 1998 · confidence medium
See Lindh v. Murphy, – U.S. –, 117 S. Ct. 2059, 2068 (1997); see also Neelley v. Nagle, 138 F.3d 917, 921 (11th Cir. 1998); Hardwick v. Singletary, 122 F.3d 935, 936 (11th Cir. 1997), vacated in part on reconsideration, 126 F.3d 1312 (11th Cir. 1997). 2 in the high-speed chase and given Miranda warnings.
cited Cited "see" Tompkins v. Moore
11th Cir. · 1999 · signal: see · confidence high
See Hardwick v. Singletary, 122 F.3d 935 (11th Cir.), modified on rehearing, 126 F.3d 1312 (11th Cir.1997).
cited Cited "see" Tompkins v. Moore
11th Cir. · 1999 · signal: see · confidence high
See Hardwick v. Singletary, 122 F.3d 935 (11th Cir.), modified on rehearing, 126 F.3d 1312 (11th Cir. 1997).
discussed Cited "see, e.g." Crowell, Anthony v. Walsh, Edward
D.C. Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., Hardwick v. Singletary, 122 F.3d 935, 936 (11th Cir.), vacated in part on other grounds, 126 F.3d 1312 (11th Cir. 1997); Berrios v. United States, 126 F.3d 430 , 432 n.2 (2d Cir. 1997) (collecting cases).1 Having determined that the certificate of probable cause is the right kind of certificate for Crowell's case, we decline to issue one.
discussed Cited "see, e.g." Crowell, Anthony v. Walsh, Edward
D.C. Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., Hardwick v. Singletary, 122 F.3d 935, 936 (11th Cir.), vacated in part on other grounds, 126 F.3d 1312 (11th Cir.1997); Berrios v. United States, 126 F.3d 430 , 432 n. 2 (2d Cir.1997) (collecting cases). 1 Having determined that the certificate of probable cause is the right kind of certificate for Crowell’s ease, We decline to issue one.
discussed Cited "see, e.g." Smith v. United States (2×)
D. Mass. · 1997 · signal: see also · confidence low
See Zuluaga v. United States, 971 F.Supp. 616 (D.Mass.1997); See also Hunter v. United States, 101 F.3d 1565 , 1573 n. 6 (11th Cir.1996) modified by, Hardwick v. Singletary, 122 F.3d 935 , 1997 WL 555715 *1 (11th Cir.1997); Reyes v. Keane, 90 F.3d 676, 679 (2nd Cir.1996).
Retrieving the full opinion text from the archive…
John Gary HARDWICK, Jr., Petitioner-Appellant,
v.
Harry K. SINGLETARY, Jr., Secretary, Florida Department of Corrections, Respondent-Appellee
97-2319.
Court of Appeals for the Eleventh Circuit.
Sep 4, 1997.
122 F.3d 935
1997 U.S. App. LEXIS 26110
1997 WL 555715
Curtis M. French, Assistant Attorney General, Tallahassee, FL, for Respondent-Appellee.
Anderson, Birch, Barkett.
Cited by 17 opinions  |  Published
PER CURIAM:

Petitioner John Gary Hardwick moves for remand and relinquishment of jurisdiction or, in the alternative, a certificate of probable cause to appeal the district court’s denial of habeas corpus relief. The petition initially was filed in federal district court pursuant to 28 U.S.C. § 2254 on March 20, 1995. The district court denied the petition on February 24,1997 and, applying the relevant provision of the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996, Pub.L. No. 104-132, 120 Stat. 1214 (1996), now codified at 28 U.S.C. § 2253(c) (Supp.1997), [1] issued a certificate of appealability as to three of Hardwick’s twenty claims for relief. Hardwick moves for remand on the ground that the district court erroneously analyzed his application to appeal under the AEDPA. Hardwick argues that the district court should have applied pre-AEDPA law regarding the issuance of a certificate of probable cause. In support of this argument, he avers that our recent en banc decision in Hunter v. United States, 101 F.3d 1565 (11th Cir.1996), cert. denied, -U.S.-, 117 S.Ct. 1695, 137 L.Ed.2d 822 (1997), has been overruled in part by the Supreme Court’s decision in Lindh v. Murphy,— U.S.-, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997).

[*936] To the extent that onr decision in Hunter stands for the proposition that the AEDPA provisions governing certificates of appealability apply to § 2254 cases pending on the date of the AEDPA’s enactment, we agree that the Supreme Court’s pronouncement in Lindh effectively abrogates and supplants that portion of Hunter. Lindh states that “the new provisions of chapter 153 generally apply only to cases filed after the Act became effective.” Id. at --, 117 S.Ct. at 2068. Moreover, in reversing the Seventh Circuit’s decision in Lindh v. Murphy, 96 F.3d 856 (7th Cir.1996), the Court expressly noted our reliance in Hunter on the reasoning and analysis underlying the Seventh Circuit’s holding. See Lindh, — U.S. at-, 117 S.Ct. at 2061. We therefore hold, consistent with the clear directive of the Supreme Court in Lindh, that the AEDPA does not apply to habeas petitions that were pending at the time the new law took effect. To the extent that our decision in Hunter is inconsistent with the foregoing statement, it no longer represents the law of this circuit. See United States v. Brown, 117 F.3d 471, 479 n. 7 (11th Cir.1997) (interpreting Lindh to hold that the “provisions of Antiterrorism and Effective Death Penalty Act of 1996 do not apply to cases in which petitions or motions were filed prior to its effective date”); accord Martin v. Bissonette, 118 F.3d 871, 875 (1st Cir.1997) (“Because [petitioner’s] case was still pending before us on a petition for rehearing when Lindh was decided, we withdrew our earlier opinion and now reevaluate [petitioner’s] claims under the pre-AEDPA standard.”); Green v. Johnson, 116 F.3d 1115, 1119 (5th Cir.1997) (“Although we have held previously that the standards of review set forth in the AEDPA apply to all habeas petitions that were pending on April 24, 1996, the date on which the President signed the bill into law, we now must conclude otherwise in light of Lindh v. Murphy.”) (citations omitted). But see Tiedeman v. Benson, 122 F.3d 518, 521 (8th Cir.1997) (limiting application of Lindh to particular substantive provision of AEDPA and holding that when the “notice of appeal ... together with [the] application for a certificate of appealability, was filed after the enactment of AEDPA.... [then] AEDPA does apply to the certificate-of-appealability issues”).

Because Hardwick’s petition for habeas corpus was pending on April 24, 1996, the district court erred in applying the AEDPA to Hardwick’s application. Accordingly, Hardwick’s motion for remand and relinquishment of jurisdiction is GRANTED. We VACATE the court’s order granting in part and denying in part a certificate of appealability, and REMAND for a reevaluation of Hardwick’s application for a certificate of probable cause in light of pre-AEDPA law.

1

. The AEDPA became effective on April 24, 1996.