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NELSON v. ALABAMA

No. 00-14499.

292 F.3d 1291 (2002)

David Larry NELSON, Petitioner-Appellant, v. State of ALABAMA, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 3, 2002.

Attorney(s) appearing for the Case

Michael K. McIntyre, Harriet Victoria Smith (Court-Appointed), Law Office of Michael McIntyre, Atlanta, GA, for Petitioner-Appellant.

Michael Boysie Billingsley, Alabama Atty. Gen., Montgomery, AL, for Respondent-Appellee.

Before ANDERSON, HULL and WILSON, Circuit Judges.

ANDERSON, Circuit Judge:

David Larry Nelson was convicted on March 1, 1979 of "murder committed by a defendant who has been previously convicted of murder in the first or second degree in the twenty years preceding the crime," under Ala.Code § 13-11-2(a)(13) (1975). The trial court allowed Nelson to represent himself at his February 1996 resentencing hearing without first conducting a hearing to determine whether he understood the risks of self-representation...

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