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KENNEDY v. HERRING

No. 94-6386.

54 F.3d 678 (1995)

Victor KENNEDY, Petitioner-Appellee, Cross-Appellant, v. Tommy HERRING, Commissioner of the Alabama Department of Corrections, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended July 11, 1995.

Attorney(s) appearing for the Case

Andy S. Poole, Office of the Atty. Gen., Melissa G. Math, Asst. Atty. Gen., Montgomery, AL, for respondent-appellant, cross-appellee.

Kevin M. Doyle, Alabama Capital Representation Resource Center, Birmingham, AL, for petitioner-appellee, cross-appellant.

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

COX, Circuit Judge:

Victor Kennedy seeks relief under 28 U.S.C. § 2254 from a conviction and death sentence imposed in Shelby County, Alabama. The district court granted Kennedy relief on his claims of a Brady violation and ineffective assistance of counsel at sentencing, and the State appeals. Kennedy cross-appeals the district court's denial of relief on his Hitchcock claim. We reverse the grant of relief on the Brady and ineffective assistance...

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