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ATWATER v. CROSBY

No. 03-16259.

451 F.3d 799 (2006)

Jeffrey Lee ATWATER, Petitioner-Appellant, v. James V. CROSBY, Jr., Secretary Florida Department of Corrections, Charlie Crist, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 12, 2006.

Attorney(s) appearing for the Case

Mark S. Gruber (Court-Appointed), Capital Collateral Regional Counsel-Middle Region, Tampa, FL, for Petitioner-Appellant.

Candance M. Sabella, Tampa, FL, for Respondents-Appellees.

Before TJOFLAT, BLACK and WILSON, Circuit Judges.

WILSON, Circuit Judge:

Jeffrey Lee Atwater appeals the district court's denial of his 28 U.S.C. § 2254 petition challenging his death sentence. We granted a certificate of appealability to consider the following four claims: (1) the state violated Atwater's rights by striking the sole black juror from the venire; (2) trial counsel were ineffective for conceding guilt on a lesser included offense; (3) trial counsel were ineffective for failing to present mitigation...

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