HUNTER v. MOORE

No. 00-14576.

304 F.3d 1066 (2002)

Richard Lee HUNTER, Petitioner-Appellee, v. Michael W. MOORE, Robert A. Butterworth, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 4, 2002.


Attorney(s) appearing for the Case

Edward C. Hill, Jr., Tallahassee, FL, for Respondents-Appellants.

Jeraldine Williams Smith, Law Office of Jeraldine Williams Smith, P.A., Tampa, FL, for Petitioner-Appellee.

Before BARKETT, HULL and KRAVITCH, Circuit Judges.


KRAVITCH, Circuit Judge:

This case presents the question whether a defendant has been denied counsel at a critical stage of his trial when the judge announces a verdict immediately after the close of evidence without offering any opportunity for a closing argument. Because we hold that counsel does not waive closing argument in a bench trial when the trial judge immediately announces his guilty decision on the heels of the close of evidence and provides no opportunity...

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