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JAMERSON v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 03-15902.

410 F.3d 682 (2005)

Terry M. JAMERSON, Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 27, 2005.

Attorney(s) appearing for the Case

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

Sue-Ellen Kenny, Karen Finkle, West Palm Beach, FL, for Respondent-Appellee.

Before ANDERSON, PRYOR and HILL, Circuit Judges.

PRYOR, Circuit Judge:

The sole issue in this appeal is whether Terry M. Jamerson is entitled to federal habeas relief because a Florida trial court allegedly instructed the jury that it could find Jamerson guilty as an accomplice to second-degree murder if the jury found Jamerson guilty of any lesser-included offense. Because the jury instructions, in the context of the entire charge, fairly and correctly stated the law of Florida, we conclude, under the highly deferential...

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