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JONES v. DUGGER

No. 87-3796.

867 F.2d 1277 (1989)

Leslie R. JONES, Petitioner-Appellee, Cross-Appellant, v. Richard L. DUGGER and Robert A. Butterworth, Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 28, 1989.

Attorney(s) appearing for the Case

Mark Menser, Asst. Atty. Gen., Tallahassee, Fla., for respondents-appellants, cross-appellees.

John B. Carr, Terry D. Terrell, Chief Asst. Public Defender, Pensacola, Fla., for petitioner-appellee, cross-appellant.

Before TJOFLAT, JOHNSON and CLARK, Circuit Judges.

TJOFLAT, Circuit Judge:

This is an appeal from the district court's grant of habeas corpus relief to a Florida death row inmate, Leslie R. Jones, who was convicted of murder in 1979.1 The district court granted the relief — a new sentencing proceeding in the state trial court — because that court, in instructing the jury during the sentencing phase of Jones' trial, failed to inform the jury, as required by the progeny of...

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