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QUINCE v. CROSBY

No. 02-13371.

360 F.3d 1259 (2004)

Kenneth Darcell QUINCE, Petitioner-Appellant, v. James CROSBY, Secretary, Florida Department of Corrections, Charlie Crist, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 18, 2004.

Attorney(s) appearing for the Case

David R. Gemmer and Eric Pinkard (Court-Appointed), Pinkard & Viggiano, Capital Collateral Regional Counsel, Tampa, FL, for Petitioner-Appellant.

Barbara Jane Yates, Fla. Dept. of Legal Affairs, Charmaine M. Millsaps, Tallahassee, FL, for Respondents-Appellees.

Before TJOFLAT, ANDERSON and MARCUS, Circuit Judges.

ANDERSON, Circuit Judge:

I. BACKGROUND

In the early 1980's, Kenneth Quince, a.k.a. Rasikh Abdul-Hakim ("appellant"), pled guilty to first-degree felony murder and burglary following the sexual battery and strangulation death of an 82-year old woman in her home, whereupon appellant was sentenced to death by the trial court. His conviction and sentence were affirmed on direct appeal. Quince v. State, 414 So.2d 185

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