DELAP

v.

DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Citator

Cited By

• United States v. Starrett, 55 F.3d 1525 (11th Cir. 1995)
  …e to the defense or exculpatory, and (3) the evidence suppressed was material. Brady, 373 U.S. at 87, 83 S.Ct. at 1196-97; Jacobs v. Singletary, 952 F. 2d 1282, 1288 (11th Cir.1992); Delap v. Dugger, 890 F. 2d 285, 298 (11th Cir.1989), cert. denied, 496 U.S. 929, 110 S.Ct. 2628, 110 L.Ed.2d 648 (1990). “[F]avorable evidence is material, and constitutional error results from its suppression by the government, if there is a reasonable probability that, had the evidence been disclosed to the defense, the resul…
• Baldwin v. Johnson, 152 F.3d 1304 (11th Cir. 1998)
  …consideration to, only statutory mitigating circumstances. See Delap v. Dugger, 890 F. 2d 285, 304 (11th Cir.1989) (“In judging whether a violation of Hitchcock occurred ... the court must consider the totality of the circumstances.”), cert. denied, 496 U.S. 929, 110 S.Ct. 2628, 110 L.Ed.2d 648 (1990). Although whether a Hitchcock error occurred is a legal question, “it is almost entirely dependent upon the answer to a question of fact: did the sentencing judge consider any and all nonstatutory mitigating…
• Nelson v. Nagle, 995 F.2d 1549 (11th Cir. 1993)
  …t the evidence was favorable to the petitioner or exculpatory and (3) that the evidence was material to the issues at trial. Aldridge v. Dugger, 925 F. 2d 1320, 1325 (11th Cir.1991); Delap v. Dugger, 890 F. 2d 285, 298 (11th Cir.1989), cert. denied, 496 U.S. 929, 110 S.Ct. 2628, 110 L.Ed.2d 648 (1990); United States v. Burroughs, 830 F. 2d 1574, 1577-78 (11th Cir.1987), cert. denied sub nom. Roger v. United States, 485 U.S. 969, 108 S.Ct. 1243, 99 L.Ed.2d 442 (1988). We will not address the first two pron…