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ARMSTRONG v. DUGGER

No. 86-3642.

833 F.2d 1430 (1987)

Sampson ARMSTRONG, Petitioner-Appellee, Cross-Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Offender Rehabilitation, and Tom Barton, Superintendent, Florida State Prison at Starke, Florida, Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearings Denied January 14, 1988.

Attorney(s) appearing for the Case

Robert Krauss, Asst. Atty. Gen., Tampa, Fla., for respondents-appellants, cross-appellees.

Peter Buscemi, Morgan, Lewis, & Bockius, Washington, D.C., Larry H. Spalding, Office of Capital Collateral Representative, Tallahassee, Fla., for petitioner-appellee, cross-appellant.

Before VANCE, JOHNSON and CLARK, Circuit Judges.

VANCE, Circuit Judge:

Respondents appeal an order by the United States District Court for the Middle District of Florida, conditionally granting Sampson Armstrong's petition for federal habeas relief with respect to the sentencing phase of his trial. The district court conditionally granted the writ on two grounds: (1) counsel was ineffective at the sentencing proceeding for failing to investigate and present mitigating evidence; and (2) the sentencing phase of the...

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