LUSK v. DUGGER

No. 88-4042.

890 F.2d 332 (1989)

Bobby Earl LUSK, Petitioner-Appellee, Cross-Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 22, 1989.


Attorney(s) appearing for the Case

Richard Levitt, New York City, for petitioner-appellee, cross-appellant.

Mark C. Menser, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellant, cross-appellee.

Before EDMONDSON and COX, Circuit Judges, and RONEY, Senior Circuit Judge.


COX, Circuit Judge:

Bobby Earl Lusk was convicted in Florida of first-degree murder and sentenced to death. He filed a 28 U.S.C. § 2254 petition seeking habeas corpus relief. The district court denied relief as to the conviction, but granted relief as to the sentence. Lusk appeals the denial of relief as to the conviction, and the state cross-appeals the grant of relief as to the sentence. We affirm the denial of relief as to the conviction, reverse

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