BOOKER v. WAINWRIGHT

No. 82-5468.

703 F.2d 1251 (1983)

Stephen Todd BOOKER, Petitioner, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, State of Florida, Respondent.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 6, 1983.


Attorney(s) appearing for the Case

Stephen Bernstein, Gainesville, Fla., for petitioner.

Raymond Marky, Larry Kaden, Asst. Attys. Gen., Tallahassee, Fla., for respondent.

Before FAY and VANCE, Circuit Judges, and ALLGOOD, District Judge.


Rehearing and Rehearing En Banc Denied June 6, 1983.

FAY, Circuit Judge:

Stephen Todd Booker appeals the district court's denial of his petition for habeas corpus challenging his sentence of death imposed pursuant to Florida Statute Section 921.141 (1977). On appeal, Booker advances four contentions: 1) the prosecutor's use of information derived from a psychiatric examination in cross examination of Booker during the penalty phase violated his fifth amendment...

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