HARICH v. DUGGER

No. 86-3167.

844 F.2d 1464 (1988)

Roy Allen HARICH, Petitioner-Appellant, v. Richard DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 21, 1988.


Attorney(s) appearing for the Case

Jonathan F. Horn, CBS, Inc., New York City, Michael A. Mello, Vermont School of Law, South Royalton, Vt., for petitioner-appellant.

Margene A. Roper, Asst. Atty. Gen., Daytona Beach, Fla., for respondent-appellee.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, and EDMONDSON, Circuit Judges.


FAY, Circuit Judge:

Roy Allen Harich appeals from a final judgment of the district court denying his petition for a writ of habeas corpus. Harich alleges (1) that he is entitled to an evidentiary hearing to show that trial counsel was ineffective because counsel failed to adequately investigate and present a voluntary intoxication defense, and (2) that the prosecutor and the trial court misled the jurors as to their role in the sentencing procedure in violation of...

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