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KENNEDY v. SINGLETARY

No. 92-2706.

967 F.2d 1482 (1992)

Edward Dean KENNEDY, Petitioner-Appellant, v. Harry K. SINGLETARY, Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 20, 1992.

Attorney(s) appearing for the Case

Billy H. Nolas, Julie D. Naylor, Ocala, Fla., for petitioner-appellant.

Richard B. Martell, State of Fla., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellee.

Before TJOFLAT, Chief Judge, FAY and ANDERSON, Circuit Judges.

PER CURIAM:

The district court denied this successive petition for writ of habeas corpus, denied a stay of execution, and denied the motion for a certificate of probable cause. Kennedy has appealed to this court and now seeks a stay of execution and a certificate of probable cause.

The claim now asserted by Kennedy is that his sentencing jury was tainted by a constitutionally deficient instruction concerning the allegedly heinous aspect of the murders and...

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