USCA11 Case: 20-11271 Date Filed: 12/10/2020 Page: 1 of 2
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 20-11271-P
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KEITH EDMUND GAVIN,
Petitioner - Appellee Cross -Appellant,
versus
COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS,
Respondent - Appellant Cross Appellee.
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Appeal from the United States District Court
for the Northern District of Alabama
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Before: JORDAN, BRANCH, and LUCK, Circuit Judges.
BY THE COURT:
Appellee Cross-Appellant’s motion for reconsideration of the October 23, 2020 order is
DENIED.
USCA11 Case: 20-11271 Date Filed: 12/10/2020 Page: 2 of 2
JORDAN, Circuit Judge, dissenting.
Based upon the standard articulated by the Supreme Court in cases like Buck
v. Davis,
137 S. Ct. 759, 773-75 (2017), I would grant Mr. Gavin’s motion for
reconsideration, and issue a COA on whether trial counsel rendered ineffective
assistance during the guilt phase.
2
