LUSK v. SINGLETARY

No. 94-4597.

112 F.3d 1103 (1997)

Bobby Earl LUSK, Petitioner-Appellant, v. Harry K. SINGLETARY, Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit

May 15, 1997.


Attorney(s) appearing for the Case

Robert Wesley, Tallahassee, FL, Matthew Lawry Philadelphia, PA, for Petitioner-Appellant.

Robert Butterworth, Attorney General, Miami, FL, Charles M. Fahlbusch, Asst. Atty. Gen., Hollywood, FL, for Respondent-Appellee.

Before HATCHETT, Chief Judge, DUBINA, Circuit Judge, and COHILL, Senior District Judge.


HATCHETT, Chief Judge:

The appellant, Bobby Earl Lusk, appeals the district court's ruling that he is not entitled to habeas corpus relief due to a state procedural bar. We affirm.

BACKGROUND

On January 26, 1977, a grand jury indicted Lusk on one count of first degree murder and two counts of robbery. During the pretrial proceedings, three psychiatrists found Lusk competent to stand trial, and one of the three psychiatrists recommended psychological...

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