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TARVER v. HOPPER

No. 97-6998.

169 F.3d 710 (1999)

Robert Lee TARVER, Jr., Petitioner-Appellant, v. Joe S. HOPPER, Commissioner, Alabama Department of Corrections, Bill Pryor, The Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 11, 1999.

Attorney(s) appearing for the Case

Gregory L. Benik, McGovern, Noel & Benik, Providence, RI, for Petitioner-Appellant.

J. Clayton Crenshaw, Asst. Attorney General, Montgomery, AL, for Respondents-Appellees.

Before TJOFLAT, EDMONDSON and COX, Circuit Judges.

EDMONDSON, Circuit Judge:

Robert Lee Tarver, Jr., using 28 U.S.C. § 2254, challenges his death sentence. We affirm the district court's denial of relief.

BACKGROUND

Tarver, in 1985, was convicted of murdering Hugh Kite, the owner of Kite's Store. The State proved at trial that Tarver shot Kite three times behind the store and stole Kite's wallet. See Tarver v. State, 500...

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