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CALLAHAN v. CAMPBELL

No. 04-12009.

427 F.3d 897 (2005)

James CALLAHAN, Petitioner-Appellee, v. Donal CAMPBELL, Commissioner, Alabama Department of Corrections, Attorney General of Alabama, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 5, 2005.

Attorney(s) appearing for the Case

J. Clayton Crenshaw, Montgomery, AL, for Respondents-Appellants.

Randall S. Susskind (Court-Appointed), Equal Justice Initiative of Alabama, Montgomery, AL, for Petitioner-Appellee.

Before TJOFLAT, BLACK and WILSON, Circuit Judges.

BLACK, Circuit Judge:

James Callahan was convicted and sentenced to death in Alabama state court for the intentional murder of Rebecca Suzanne Howell. Callahan filed a federal habeas corpus petition pursuant to 28 U.S.C. § 2254, which was granted in part and denied in part. The Government and Callahan both appeal the district court's decision. The district court granted a certificate of appealability on four of Callahan's claims: (1) the trial judge's failure...

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