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HITCHCOCK v. WAINWRIGHT

No. 83-3578.

770 F.2d 1514 (1985)

James Ernest HITCHCOCK, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 28, 1985.

Attorney(s) appearing for the Case

Richard B. Greene, Richard H. Burr, Craig Barnard, West Palm Beach, Fla., for petitioner-appellant.

Richard Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondent-appellee.

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, ANDERSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

RONEY, Circuit Judge:

This case was taken on rehearing en banc principally to consider two of several constitutional claims raised by petitioner James Ernest Hitchcock. He asserts (1) that at the time of his capital sentencing, Florida law unconstitutionally discouraged his attorney from investigating and presenting nonstatutory mitigating evidence, and (2) that the trial court improperly considered petitioner's refusal...

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