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DILL v. ALLEN

No. 05-12330.

488 F.3d 1344 (2007)

Jimmy DILL, Petitioner-Appellant v. Richard F. ALLEN, Commissioner Alabama Department of Corrections, Respondent-Appellee

United States Court of Appeals, Eleventh Circuit.

June 13, 2007.

Attorney(s) appearing for the Case

John R. Benn (Court-Appointed), John R. Benn & Associates, Sheffield, AL, Thomas J. Saunders (Court-Appointed), Law Office of Thomas J. Saunders, Baltimore, MD, for Dill.

Kevin Christopher Newsom, Beth Jackson Hughes, Montgomery, AL, for Allen.

Before EDMONDSON, Chief Judge, and TJOFLAT and HULL, Circuit Judges.

TJOFLAT, Circuit Judge:

Petitioner, Jimmy Dill,1 is an Alabama prisoner on death row due to his conviction for the 1988 fatal shooting of Leon Shaw in Birmingham. On March 30, 2001, he petitioned the United States District Court for the Northern District of Alabama for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court denied his petition on March 31, 2004, and he now appeals.

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