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CLARK v. DUGGER

No. 89-3065.

901 F.2d 908 (1990)

Raymond Robert CLARK, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Department of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended June 7, 1990.

Attorney(s) appearing for the Case

Billy H. Nolas, Office of Capital Collateral Representative, Martin J. McClain, Tallahassee, Fla., for petitioner-appellant.

Robert Krauss, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before TJOFLAT, Chief Judge, and VANCE and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

Raymond Clark is before this court appealing the district court's denial of his second federal petition for a writ of habeas corpus. Because we conclude that his claim, premised on Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985),1 is procedurally barred, we affirm the district court's denial of relief.

BACKGROUND

A Florida jury...

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