HUNTER v. SECRETARY, DEPT. OF CORRECTIONS

No. 04-13574.

395 F.3d 1196 (2005)

James Eugene HUNTER, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 5, 2005.


Attorney(s) appearing for the Case

Eric Pinkard (Court-Appointed), Capital Collateral Regional Counsel-Middle, Tampa, FL, for Petitioner-Appellant.

Kenneth Sloan Nunnelley, Dept. of Legal Affairs, Daytona Beach, FL, for Respondents-Appellees.

Before CARNES, BARKETT and HULL, Circuit Judges.


CARNES, Circuit Judge:

Around midnight on September 16, 1992, four young friends were hanging out on benches in front of the Munch Shop, a local eatery near the campus of Bethune-Cookman College in Daytona Beach, Florida. Taurus Cooley, Michael Howard, Theodore Troutman, and Wayne Simpson were college students who often gathered there to "talk and chat and carr[y] on" because Simpson's father owned the Munch Shop. They did not know that night would be different from...

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