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FOSTER v. STRICKLAND

No. 81-5734.

707 F.2d 1339 (1983)

Charles Kenneth FOSTER, Petitioner, v. Charles G. STRICKLAND, Jr., et al., Respondents.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing November 3, 1983.

Attorney(s) appearing for the Case

Steven L. Seliger, Tallahassee, Fla., Richard H. Burr, III, West Palm Beach, Fla., for petitioner.

Gregory C. Smith, Asst. Atty. Gen., Tallahassee, Fla., for respondents.

Before RONEY and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

As Amended on Denial of Rehearing En Banc November 3, 1983.

TUTTLE, Senior Circuit Judge:

Charles Kenneth Foster appeals from the district court's denial of his petition for a writ of habeas corpus. Petitioner was convicted of first degree murder in Florida and sentenced to death. In this collateral appeal, he challenges: (1) the competency of his counsel in the guilt and penalty phases of his trial; (2) the constitutionality of instructions to the jury on...

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