SCHWAB v. CROSBY

No. 05-14253.

451 F.3d 1308 (2006)

Mark Dean SCHWAB, Petitioner-Appellant, v. James V. CROSBY, Jr., Secretary, Florida Department of Corrections, Charlie Crist, Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 15, 2006.


Attorney(s) appearing for the Case

Mark S. Gruber, Daphney Elaine Gaylord and Eric Pinkard (Court-Appointed), Capital Collateral Regional Counsel-Middle Region, Tampa, FL, for Schwab.

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

Before DUBINA, CARNES and HULL, Circuit Judges.


CARNES, Circuit Judge:

So far as we know, the first time that Mark Dean Schwab sexually assaulted a young male was in the fall of 1986, when Schwab was seventeen years old. His victim was a younger, slightly built (4'10" tall, 85 lbs.), high school sophomore whose first name, which is all we will use, was Warren. On his way to school in Brevard County, Florida one morning, Warren walked by Schwab's truck in the parking lot of a bank near the school. Schwab asked Warren...

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