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KEARSE v. STATE

Nos. SC05-1876, SC06-942.

969 So.2d 976 (2007)

Billy Leon KEARSE, Appellant, v. STATE of Florida, Appellee. Billy Leon Kearse, Petitioner, v. James R. McDonough, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied November 30, 2007.

Attorney(s) appearing for the Case

Neal A. Dupree, Capital Collateral Regional Counsel, Paul Kalil and Christina L. Spudeas, Assistant CCRC-South, Fort Lauderdale, FL, for Appellant/Petitioner.

Bill McCollum, Attorney General, Tallahassee, Florida, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, FL, for Appellee/Respondent.

PER CURIAM.

Billy Leon Kearse appeals an order of the circuit court denying his motion to vacate his first-degree murder conviction and sentence of death, and also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. As we explain below, we affirm the circuit court's order and deny Kearse's petition.

I. FACTS AND PROCEDURAL BACKGROUND

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