United States Eleventh Circuit

Denial of petitioner's 28 U.S.C. section 2254 habeas corpus petition is vacated and remanded where: 1) in the habeas context, the district court needed to review the state trial court record, rather than rely solely on the state appellate court's findings as to what the trial record contained; and 2) the absence of the trial record precluded the district court from conducting a meaningful review of the state court decision, even under the deferential standard imposed by the AEDPA.

Appellate Information

• Decided 05/13/2008
• Published 05/13/2008

Judges

• PER CURIAM:, Before TJOFLAT, BLACK and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Drago K. Ferguson, Jr., Atmore, AL, pro se., Madeline Hinson Lewis, Montgomery, AL, for Culliver.