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HILL v. BUTTERWORTH

No. 97-2192.

133 F.3d 783 (1997)

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.

United States Court of Appeals, Eleventh Circuit.

December 15, 1997.

Attorney(s) appearing for the Case

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

Martin James McClain, Stephen M. Kissinger, Gregory C. Smith, Office of the Capital Collateral Representative, Tallahassee, FL, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, and FAY and FARRIS, Senior Circuit Judges.

HATCHETT, Chief Judge:

The important issue in this case is whether the district court erred in ruling that the State of Florida has not achieved "opt-in" status pursuant to the provisions of the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214. Because of substantial changes in circumstances since the district court's rulings, we remand the case to the district court for further proceedings.

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