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PORTER v. WAINWRIGHT

No. 85-3832.

805 F.2d 930 (1986)

Raleigh PORTER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended December 29, 1986.

Attorney(s) appearing for the Case

Douglas Chumbley, Kimbrell & Hamann, P.A. (Eileen Rooney, Paralegal), R. Benjamine Reid, Miami, Fla., for petitioner-appellant.

Robert J. Landry, Asst. Atty. Gen., Office of the Atty. Gen., Tampa, Fla., for respondent-appellee.

Before GODBOLD, HILL and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Porter was indicted on two counts of premeditated murder and tried before a jury in a Florida circuit court. On November 30, 1978, the jury returned a general verdict, finding Porter guilty on both counts. Following a sentencing hearing, the jury recommended that Porter receive life imprisonment rather than the death penalty. On December 11, 1978, the trial judge overrode the jury's recommendation...

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