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COULTER v. HERRING

No. 91-7131.

60 F.3d 1499 (1995)

David L. COULTER, Petitioner-Appellant, v. Tommy HERRING, Commissioner, Alabama Department of Corrections; W.P. Johnson, Warden, Holman Unit, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 24, 1995.

Attorney(s) appearing for the Case

Ronald J. Tabak, New York City, for appellant.

John Gibbs, Kenneth S. Nunnelley, Andy S. Poole, Asst. Attys. Gen., Montgomery, AL, for appellees.

Before HATCHETT, ANDERSON and COX, Circuit Judges.

PER CURIAM:

In this capital case appeal, we affirm the district court's denial of habeas corpus relief.

BACKGROUND

In October 1978, appellant, David L. Coulter, was convicted of capital murder in Colbert County, Alabama.1 The trial judge sentenced Coulter to death. The Alabama Court of Criminal Appeals reversed Coulter's conviction "on the authority of Beck v. State, 396 So.2d 645

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