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COCHRAN v. HERRING

No. 93-7028.

43 F.3d 1404 (1995)

James Willie COCHRAN, Petitioner-Appellee, Cross-Appellant, v. Tommy HERRING, Commissioner, Alabama Department of Corrections, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 10, 1995.

Attorney(s) appearing for the Case

J. Clayton Crenshaw, Deputy Atty. Gen., Office of the Atty. Gen., Capital Litigation Div., Montgomery, AL, for appellant.

Seamus C. Duffy, Drinker Biddle & Reath, Philadelphia, PA, Kenneth C. Frazier, Wayne, PA, for appellee.

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

COX, Circuit Judge:

INTRODUCTION

James Willie Cochran, an Alabama inmate, was convicted of murder after a trial by jury and sentenced to death. Cochran appealed his conviction and sentence. After exhausting his state remedies, Cochran filed a habeas petition in the United States District Court. The district court granted relief based on two claims: (1) that Cochran's counsel was ineffective at sentencing; and (2) that the prosecution used its peremptory...

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