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FORTENBERRY v. HALEY

No. 01-12553.

297 F.3d 1213 (2002)

Thomas J. FORTENBERRY, Petitioner-Appellant, v. Michael W. HALEY, Commissioner, Alabama Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 17, 2002.

Attorney(s) appearing for the Case

Edwin L. Klett and David W. Snyder (Court-Appointed), Pittsburgh, PA, for Petitioner-Appellant.

Beth Jackson Hughes, Montgomery, AL, for Respondent-Appellee.

Before ANDERSON, BIRCH and BARKETT, Circuit Judges.

PER CURIAM:

Thomas Fortenberry, an Alabama prisoner under sentence of death, appeals the denial of his petition for a writ of habeas corpus. The district court rejected eighteen constitutional claims, seven of them on the merits and the remaining eleven because of procedural default. The district court granted a Certificate of Appealability ("COA") with respect to all issues, three of which Fortenberry raises here. Fortenberry argues (1) that the prosecution used...

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