BOOKER v. DUGGER

No. 88-3751.

922 F.2d 633 (1991)

Stephen Todd BOOKER, Petitioner-Appellee, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 14, 1991.


Attorney(s) appearing for the Case

Gary L. Printy, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellant.

Michael A. Mello, Vermont Law School, South Royalton, Vt., Jeffrey D. Robinson, Nussbaum, Owen & Webster, Washington, D.C., for petitioner-appellee.

Before TJOFLAT, Chief Judge, and JOHNSON and CLARK, Circuit Judges.


CLARK, Circuit Judge:

The state of Florida appeals the district court's grant of habeas corpus. Because the district court correctly determined that petitioner Stephen Todd Booker's death sentence was imposed in violation of Hitchcock v. Dugger, 481 U.S. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987) (applying Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57

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