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BOTTOSON v. MOORE

No. 98-2886.

234 F.3d 526 (2000)

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

United States Court of Appeals, Eleventh Circuit.

November 29, 2000.

Attorney(s) appearing for the Case

Mark Evan Olive, Law Offices of Mark E. Olive, P.A., Timothy P. Schardl, Office of the Capital Collateral Counsel, Tallahassee, FL, for Petitioner-Appellant.

Kenneth Sloan Nunnelley, Dept. of Legal Affairs, Daytona Beach, FL, for Respondent-Appellee.

Before ANDERSON, Chief Judge, and TJOFLAT and COX, Circuit Judges.

ANDERSON, Chief Judge:

Linroy Bottoson was convicted of murder in the state courts of Florida and received a death sentence. The district court denied Bottoson's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We granted a certificate of appealability to review: (1) whether Bottoson's right to a reliable sentencing hearing was violated by the trial judge's instruction that the jury could consider only statutory mitigating evidence, the Hitchcock...

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