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PORTER v. WHITE

No. 06-11769.

483 F.3d 1294 (2007)

Michael D. PORTER, Plaintiff-Appellant, v. Bob WHITE, in his official capacity as Sheriff of Pasco County, James Gary Fairbanks, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 12, 2007.

Attorney(s) appearing for the Case

Kevin J. Darken, Cohen, Jayson & Foster, Tampa, FL, for Plaintiff-Appellant.

Jeffrey K. Grant, Donald Andrew DeBevoise, DeBevoise & Poulton, P.A., Winter Park, FL, Barbara C. Fromm, John W. Jolly, Jr., Jolly & Peterson, P.A., Tallahassee, FL, for Defendants-Appellees.

Before ANDERSON and MARCUS, Circuit Judges, and ALTONAGA, District Judge.

ANDERSON, Circuit Judge:

In 1988, Michael D. Porter was convicted of burglary, kidnapping, robbery, aggravated battery, and sexual battery in Pasco County, Florida. He was sentenced to life in prison without the possibility of parole. In 2002, we granted Porter's petition for habeas corpus and set aside his conviction after concluding that the prosecution had violated his due process rights under Brady v. Maryland, 373 U.S. 83

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