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PALMES v. WAINWRIGHT

No. 83-3554.

725 F.2d 1511 (1984)

Timothy Charles PALMES, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Dept. of Offender Rehabilitation, Charles G. Strickland, Jr., Superintendent of Fla. State Prison at Starke, Florida, and Jim Smith, Attorney General of State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied March 21, 1984.

Attorney(s) appearing for the Case

Thomas B. McCoun, III, St. Petersburg, Fla., for petitioner-appellant.

Carolyn M. Snurkowski, Asst. Atty. Gen., Dept. of Legal Affairs, Miami, Fla., for respondents-appellees.

Before FAY and HENDERSON, Circuit Judges, and BOYLE, District Judge.

Rehearing and Rehearing En Banc Denied March 21, 1984.

FAY, Circuit Judge:

In 1977, a jury convicted the appellant, Timothy Charles Palmes, of first degree murder. The appellant waived his right to jury sentence recommendation. After a sentencing hearing, the Florida circuit judge sentenced him to death. The Florida Supreme Court affirmed the conviction and sentence, and the United States Supreme Court denied certiorari, Palmes v. State,

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