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HENDERSON v. SINGLETARY

No. 88-3680.

968 F.2d 1070 (1992)

Robert Dale HENDERSON, Petitioner-Appellant, v. Harry K. SINGLETARY, Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 30, 1992.

Attorney(s) appearing for the Case

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

Richard B. Martell, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellee.

Before FAY and HATCHETT, Circuit Judges, and CLARK, Senior Circuit Judge.

CLARK, Senior Circuit Judge:

Upon the request of one of the active judges of the court to reconsider Part II of our opinion of February 20, 1991, 925 F.2d 1309, we hereby modify our previous opinion by deleting Part II.B, found at page 1314, and substitute the following Part II.B:

B. The Confession to Perez

On February 11, 1982, Officer Perez of the Hernando County sheriff's office met

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