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SMITH v. DUGGER

No. 86-3333.

840 F.2d 787 (1988)

Frank SMITH, Petitioner-Appellant, v. Richard L. DUGGER, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 9, 1988.

Attorney(s) appearing for the Case

Billy H. Nolas, Office of Capital Collateral Representative, Tallahassee, Fla., Santha Sonenberg, Public Defender Service for Dist. of Columbia, Washington, D.C., for petitioner-appellant.

Lawrence A. Kaden, Asst. Atty. Gen., Patricia Conners, Dept. of Legal Affairs, State of Fla., Tallahassee, Fla., for respondents-appellees.

Before RONEY, Chief Judge, HATCHETT and EDMONDSON, Circuit Judges.

RONEY, Chief Judge:

Defendant-Petitioner Frank Smith, sentenced to death in Florida for first-degree murder, appeals a district court order denying him federal habeas corpus relief. Smith raises the following six arguments on appeal:

(1) his right to a fair trial was abrogated by the trial court's refusal to instruct the jury as to his withdrawal defense to murder; (2) his death sentence constitutes cruel and unusual punishment because the state...

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