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JOHNSTON v. MOORE

No. SC00-1024.

789 So.2d 262 (2001)

David Eugene JOHNSTON, Petitioner, v. Michael W. MOORE, Secretary, Florida Department of Corrections, Respondent.

Supreme Court of Florida.

Rehearing Denied June 15, 2001.

Attorney(s) appearing for the Case

Gregory C. Smith, Capital Collateral Counsel, and Bret Strand, Assistant CCCNR, Office of Capital Collateral Regional Counsel—Northern Region, Tallahassee, FL, for Petitioner.

Robert A. Butterworth, Attorney General, Carolyn M. Snurkowski, Assistant Deputy Attorney General, Tallahassee, Florida, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, FL, for Respondent.

PER CURIAM.

David Eugene Johnston, a prisoner under sentence of death, petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. For the reasons set forth below, we deny Johnston's petition for habeas corpus.

BACKGROUND

Johnston was convicted and sentenced to death for the 1983 murder of eighty-four-year-old Mary Hammond. The facts in this case are set forth in greater detail in Johnston...

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