No. 07-13117.

527 F.3d 1149 (2008)

Robert HENDRIX, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Florida Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 13, 2008.

Attorney(s) appearing for the Case

Jeffrey M. Hazen, Harry Philip Brody (Court-Appointed), Brody & Hazen, P.A., Tallahassee, FL, for Hendrix.

Barbara Curtis Davis, Daytona Beach, FL, for Respondents-Appellees.

Before TJOFLAT, CARNES and HULL, Circuit Judges.


Robert Hendrix and his cousin, Elmer Scott, were charged with burglary. Hendrix v. State (Hendrix I), 637 So.2d 916, 917 (Fla.1994). Scott agreed to testify against Hendrix in exchange for a reduced charge. Id. To prevent him from testifying, Hendrix brutally murdered Scott on the eve of the trial. Id. at 918. He also brutally murdered Scott's wife who had the misfortune of being present when...

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