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TOMPKINS v. MOORE

No. 98-3367.

193 F.3d 1327 (1999)

Wayne TOMPKINS, Petitioner-Appellant, v. Michael W. MOORE, Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 29, 1999.

Attorney(s) appearing for the Case

Todd G. Scher, Chief Asst. Capital Collateral Regional Counsel (CCRC), Miami, FL, for Petitioner-Appellant.

Carol M. Dittmar, Asst. Atty. Gen., Dept. of Legal Affairs, Tampa, FL, for Respondent-Appellee.

Before COX, CARNES and HULL, Circuit Judges.

CARNES, Circuit Judge:

Wayne Tompkins was convicted and sentenced to death for the sexual battery and murder of Lisa DeCarr, age fifteen, who was the daughter of Tompkins' girlfriend. The facts concerning the crime and the evidence against Tompkins are set out in the Florida Supreme Court's decision affirming on direct appeal his conviction and death sentence. See Tompkins v. State, 502 So.2d 415 (Fla.1986). After conducting...

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