# Nimshi L. Ivy v. Florida Department of Corrections

> Court of Appeals for the Eleventh Circuit · October 30, 2013 · 543 F. App'x 923

URL: https://www.frixlaw.com/law-library/cases/9795046

## Case

- **Full name:** Nimshi L. IVY, Petitioner-Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** October 30, 2013
- **Citations:** 543 F. App'x 923
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Martin
- **Judges:** Hull, Pryor, Martin
- **Nature of suit:** NEW
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9795046

## Opinion text

MARTIN, Circuit Judge,
concurring:
I agree in the Majority’s determination that Mr. Ivy’s Confrontation Clause Claim was not exhausted and is now procedurally defaulted. Further, I agree with the Majority’s conclusion that Mr. Ivy has not argued, or attempted to show, cause and prejudice or a miscarriage of justice to excuse his procedural default. Because Mr. Ivy’s unexcused procedural default is sufficient to deny Mr. Ivy’s federal habeas petition, I would affirm the District Court’s denial of the habeas petition on this basis alone.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9795046. Public record. Not legal advice.