DEMPS v. DUGGER

No. 87-3767.

874 F.2d 1385 (1989)

Bennie E. DEMPS, Petitioner-Appellant, v. Richard L. DUGGER, as Secretary, Department of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended June 13, 1989.


Attorney(s) appearing for the Case

Michael A. Mello, South Royalton, Vt., for petitioner-appellant.

Mark Menser, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Before FAY, JOHNSON and CLARK, Circuit Judges.


FAY, Circuit Judge:

This appeal concerns the third federal habeas corpus petition filed by Bennie E. Demps, pursuant to 28 U.S.C. § 2254. In 1978, Demps was convicted of the jailhouse murder of a fellow inmate and sentenced to death. His third habeas petition sets forth four claims for relief: 1) Petitioner's capital sentencing proceeding did not comport with Hitchcock v. Dugger, 481 U.S. 393<...

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