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NIXON v. STATE

Nos. SC92006, SC93192, SC01-2486.

857 So.2d 172 (2003)

Joe Elton NIXON, Appellant, v. STATE of Florida, Appellee. Joe Elton Nixon, Petitioner, v. James V. Crosby, Jr., etc., Respondent. Joe Elton Nixon, Appellant, v. State of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied October 1, 2003.

Attorney(s) appearing for the Case

Jonathan Lang, Eric M. Freedman, New York, NY, and John J. Lavia, III of Landers & Parsons, Tallahassee, FL, for Appellant/Petitioner.

Charles J. Crist, Jr., Attorney General, and Curtis M. French, Senior Assistant Attorney General, Tallahassee, FL, for Appellee/Respondent.

PER CURIAM.

Joe Elton Nixon, a prisoner under a sentence of death, appeals an order of the trial court denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Additionally, he files a petition for a writ of habeas corpus with this Court. We have jurisdiction. See art. V, § 3(b)(1),(9), Fla. Const. For the reasons that follow, we remand this case to the trial court for a new trial.

FACTS AND PROCEDURAL HISTORY...

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