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MESSER v. STATE OF FLA.

No. 85-3124.

834 F.2d 890 (1987)

Charles Dwight MESSER, Petitioner-Appellee, Cross-Appellant, v. STATE OF FLORIDA, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearings Denied January 5, 1988.

Attorney(s) appearing for the Case

Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellant/cross appellee.

Louie Dugas, Orange, Tex., W. Gregory Miller, Cornelius & Collins, Nashville, Tenn., for petitioner-appellee/cross appellant.

Before TJOFLAT, HILL and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Charles Messer was convicted of first degree murder and robbery in December 1974. The jury returned an advisory sentence of death and in January 1975 the trial judge imposed a sentence of death by electrocution. The facts underlying Messer's convictions and sentence are contained in the opinion of the Florida Supreme Court, Messer v. State, 330 So.2d 137 (Fla.1976), which affirmed his conviction for...

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