Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, April 08, 2014

Rodriguez: State must serve Appendix on habeas petitioner

In Rodriguez v. Fla. Dep’t of Corrections, No. 12-10887 (April 7, 2014), the Court held that the State is required to serve on a habeas petitioner the exhibits included in the Appendix referenced in the State’s answer. The Court rejected the argument that the Appendix was not an “attachment” or an “exhibit’ to the Answer. The Court pointed out that the Attorney General referenced the documents “because they were relevant to her argument,” and the Answer therefore depends on the Appendix’s referenced documents to support and lend meaning to the arguments it presents.