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ARTHUR v. ALLEN

No. 03-14304.

452 F.3d 1234 (2006)

Thomas D. ARTHUR, Petitioner-Appellant, v. Richard F. ALLEN, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 21, 2006.

Attorney(s) appearing for the Case

Suhana S. Han, Sullivan & Cromwell, LLP, Theresa Marie Trzaskoma, Brune & Richard, LLP, New York City, for Arthur.

J. Clayton Crenshaw, Montgomery, AL, for Allen.

Before BIRCH, BLACK and BARKETT, Circuit Judges.

BIRCH, Circuit Judge:

An Alabama jury found petitioner Thomas D. Arthur ("Arthur") guilty of capital murder and recommended that he be sentenced to death. After exhausting his state court remedies, Arthur filed a federal habeas corpus petition pursuant to 28 U.S.C. § 2254. The district court denied Arthur's habeas petition, but granted a certificate of appealability ("COA") on four issues. After a thorough review of the record, and having the benefit of oral...

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