United States Eleventh Circuit
Mattern v. Sec'y for the Dep't of Corr., 05-15161
Dismissal of habeas petition as moot is vacated as an evidentiary hearing is necessary to determine whether petitioner knew or should have known of the factual predicate for his claims earlier through due diligence.
Appellate Information
- Decided 08/07/2007
- Published 08/07/2007
Judges
- PER CURIAM:, Before BARKETT, KRAVITCH and STAHL, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Janice Bergmann, Fed. Pub. Def., Ft. Lauderdale, FL, Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Mattern.
- For Appellees:
- Melynda Layne Melear, West Palm Beach, FL, for Respondent-Appellee.