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GORE v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 06-11522.

492 F.3d 1273 (2007)

Mars L. GORE, a.k.a. Marshall Lee Gore, Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Attorney General of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 20, 2007.

Attorney(s) appearing for the Case

Richard Adam Sichta, Frank John Tassone, Jr. (Court-Appointed), Tassone, Gibson, Sichta & Shirk, LLP, Jacksonville, FL, for Petitioner-Appellant.

Carolyn M. Snurkowski, Florida Atty. Gen., Tallahassee, FL, for Respondents-Appellees.

Before TJOFLAT, CARNES and HULL, Circuit Judges.

TJOFLAT, Circuit Judge:

On March 14, 1990, a jury in the Circuit Court for Columbia County, Florida, found petitioner Mars L. Gore guilty of the murder, kidnapping, and robbery of Susan Roark, and recommended that he be sentenced to death. Three weeks later, the court accepted the jury's recommendation and imposed the death sentence. After exhausting his state remedies, Gore, proceeding under 28 U.S.C. § 2254, petitioned the United States District Court for the...

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