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DAVIS v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 01-16602.

341 F.3d 1310 (2003)

Joseph H. DAVIS, Jr., Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, James Crosby, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Decided: August 15, 2003.

Attorney(s) appearing for the Case

Janice Bergmann (Court-Appointed), Fed. Pub. Def., Fort Lauderdale, FL, Kathleen M. Williams (Court-Appointed), Miami, FL, for Petitioner-Appellant.

Jill Kramer Traina, Miami, FL, for Respondent-Appellee.

Before BARKETT and WILSON, Circuit Judges, and LIMBAUGH, District Judge.

PER CURIAM:

This appeal requires us to determine whether we should look to the outcome of the trial or the outcome of the appeal in determining whether a petitioner was prejudiced when his attorney failed to preserve his Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), claim for appellate review.1 In addressing this issue, we must determine...

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