In re: Lambrix, No. 10-14476

By FindLaw Staff on October 27, 2010 | Last updated on March 21, 2019

Capital Habeas Petition

In In re: Lambrix, No. 10-14476, a capital habeas matter, the court denied petitioner's application to the Court of Appeals for leave to file a second or successive 28 U.S.C. section 2254 federal habeas petition, holding that 1) petitioner failed to allege what evidence was new, when it was discovered, or how it could not have been discovered previously through the exercise of due diligence; and 2) the evidence presented by petitioner was not sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable jury would have found petitioner guilty of the underlying murders.


As the court wrote:  "Cary Michael Lambrix was convicted of two counts of first-degree murder
and received two death sentences in Florida state court for his February 5, 1983 murders of Clarence Moore and Aleisha Bryant. Lambrix's convictions and death sentences were affirmed on direct appeal. Lambrix v. State, 494 So. 2d 1143 (Fla. 1986). Lambrix filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, which the state trial court denied. In 1988, the Florida Supreme Court, in separate opinions, affirmed the denial of Lambrix's Rule 3.850 motion and denied Lambrix's state habeas petition. See Lambrix v. State, 534 So. 2d 1151 (Fla. 1988) (affirming denial of Rule 3.850 motion); Lambrix v. Dugger, 529 So. 2d 1110 (Fla. 1988) (denying state habeas petition)."

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