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JOHNSTON v. SINGLETARY

Nos. 93-3407, 96-2538.

162 F.3d 630 (1998)

David Eugene JOHNSTON, Petitioner-Appellant, v. Harry K. SINGLETARY, Jr. Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 8, 1998.

Attorney(s) appearing for the Case

Thomas M. Goggans, Montgomery, AL, for Petitioner-Appellant.

Kenneth S. Nunnelly, Asst. Atty. Gen., Dept. of Legal Affairs, Daytona Beach, FL, for Respondent-Appellee.

Before EDMONDSON, BIRCH and BLACK, Circuit Judges.

PER CURIAM:

David Eugene Johnston appeals the district court's orders denying his petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254. For the reasons that follow, we affirm the district court's decision to deny the writ.1

I. BACKGROUND

We briefly summarize the facts underlying Johnston's conviction for capital murder: On November 5, 1983, at approximately 3:30 a.m., Johnston called the police department...

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