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LAMBRIX v. SINGLETARY

No. 92-4539.

72 F.3d 1500 (1996)

Cary Michael LAMBRIX, Petitioner-Appellant, v. Harry K. SINGLETARY, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 3, 1996.

Attorney(s) appearing for the Case

Robert C. Josefsberg, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, Florida, Matthew Lawry, Volunteer Lawyers' Resource Center of Florida, Inc., Tallahassee, Florida, for appellant.

Robert J. Krauss, Assistant Attorney General, Tampa, Florida, Carol M. Dittmar, Asst. Atty. General, Tampa, Florida, for appellee.

Before KRAVITCH, HATCHETT and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

I. BACKGROUND AND PROCEDURAL HISTORY

Cary Michael Lambrix was indicted on two counts of first-degree murder in connection with the 1983 killings of Clarence Moore and Aleisha Bryant.1 At Lambrix's first trial, the jury was unable to reach a verdict and a mistrial was declared. At his second trial, the jury found Lambrix guilty and recommended the death penalty on both counts. The trial judge found 5 aggravating...

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