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SPAZIANO v. SINGLETARY

No. 93-2049.

36 F.3d 1028 (1994)

Joseph R. SPAZIANO, Petitioner-Appellant, v. Harry K. SINGLETARY, Secretary, Florida Department of Corrections, Thomas L. Barton, Superintendent, Florida State Prison, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 7, 1994.

Attorney(s) appearing for the Case

Michael Mello, Vermont Law School, South Royalton, VT, Martin J. McClain, Chief Asst. Capital Collateral Representative, Office of Capital Collateral Representative, Tallahassee, FL, for appellant.

Margene A. Roper, Asst. Atty. Gen., Dept. of Legal Affairs, Daytona Beach, FL, Gail E. Anderson, Office of Capital Collateral Representative, Tallahassee, FL, for appellees.

Before TJOFLAT, Chief Judge, EDMONDSON and CARNES, Circuit Judges.

CARNES, Circuit Judge:

Joseph R. Spaziano appeals from the district court's denial of the 28 U.S.C. § 2254 petition involving his conviction and death sentence in Florida for the murder of Laura Harberts.

I. PRIOR PROCEEDINGS

The long and tortuous procedural history of this case began nineteen years ago. Although the murder had occurred two years earlier, Spaziano was indicted for it in 1975. The next year he was tried, convicted, and sentenced...

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