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HERRING v. SECRETARY, DEPT. OF CORRECTIONS

No. 03-12598.

397 F.3d 1338 (2005)

Ted HERRING, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 31, 2005.

Attorney(s) appearing for the Case

Jeremy G. Epstein, Shearman & Sterling, New York City, John Richard Hamilton, Foley & Lardner, LLP, Orlando, FL, for Petitioner-Appellant.

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

Before BIRCH, DUBINA and BLACK, Circuit Judges.

BLACK, Circuit Judge:

Appellant Ted Herring filed a habeas petition under 28 U.S.C. § 2254 challenging his 1982 state-court convictions for armed robbery and first-degree murder, and his resulting death sentence. The district court denied Herring's petition. We granted a certificate of appealability (COA) on three issues. We now affirm.

I. BACKGROUND

A. Factual Background

On May 29, 1981, Herring held up a 7-Eleven convenience...

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