RUTHERFORD v. CROSBY

No. 03-13188.

385 F.3d 1300 (2004)

Arthur D. RUTHERFORD, Petitioner-Appellant, v. James V. CROSBY, Secretary for the Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 21, 2004.


Attorney(s) appearing for the Case

Linda McDermott (Court-Appointed), McClain & McDermott, P.A., Wilton Manors, FL, for Petitioner-Appellant.

Charmaine M. Millsaps, Tallahassee, FL, for Respondent-Appellee.

Before CARNES, HULL and WILSON, Circuit Judges.


CARNES, Circuit Judge:

Arthur D. Rutherford told a friend that he planned to rob and murder a woman, bragging that he "wouldn't do the time but he was damn sure gonna do the crime." He carried out the first part of his boast when he brutally murdered a widow who lived alone; he could not pull off the second part, and since 1986 he has been doing the time for that crime on death row. The bottom line question in this appeal is whether the death sentence imposed upon...

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