ROBERT BRYANT MELSON, PETITIONER-APPELLANT,
v.
RICHARD F. ALLEN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLEE

11th Cir. | 2010-07-27
No. 06-14047
Before BIRCH, BARKETT and WILSON, Circuit Judges.
611 F.3d 1380 Court of Appeals for the Eleventh Circuit (2010) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: In Melson v. Allen, 548 F. 3d 993 (11th Cir.2008), we affirmed Robert B. Melson’s death sentence following his 1996 capital murder convictions. The Supreme Court vacated our judgment, Melson v. Allen, - U.S. -, 130 S.Ct. 3491, - L.Ed.2d -, 2010 WL 2471066 (2010), and remanded the case to us for further consideration in light of its decision in Holland v. Florida, 560 U.S. -, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). We hereby remand this case to the district court so that it may conduct the necessary fact-finding in the first instance in accordance with the principles set forth in Holland. REMANDED.

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  • Melson v. Comm'r, Ala. Dep't OF Corr., 713 F.3d 1086 (11th Cir. 2013)
    …ht of Holland v. Florida, — U.S. -, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). Melson v. Allen, — U.S. -, 130 S.Ct. 3491, 177 L.Ed.2d 1081 (2010). This Court, in turn, remanded the case to the district court for an evidentiary hearing. Melson v. Allen, 611 F. 3d 1380 (11th Cir.2010). After conducting the hearing, the district court concluded that Melson’s attorneys’ conduct did not constitute an extraordinary circumstance warranting equitable tolling and that Melson did not exercise reasonable diligence in pursu…

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