No. 05-15981.

527 F.3d 1162 (2008)

Robert L. NEWLAND, Petitioner-Appellant, v. Hilton HALL, Warden, Georgia Diagnostic Prison, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 14, 2008.

Attorney(s) appearing for the Case

Katherine M. White and Joseph C. Basta (Court-Appointed), Dykema Gossett, PLLC, Ann Arbor, MI, Brian S. Kammer (Court-Appointed), GA Resource Ctr., Atlanta, GA, for Newland.

Susan V. Boleyn, State Law Dept., Atlanta, GA, for Hall.

Before TJOFLAT, ANDERSON and WILSON, Circuit Judges.

TJOFLAT, Circuit Judge:

On August 14, 1987, the petitioner, Robert Newland, was convicted in the Superior Court of Glynn County, Georgia of malice murder and aggravated assault with intent to commit rape.1 The following day, at the conclusion of the penalty phase of the trial, the jury recommended that petitioner be sentenced to death for the murder. The court followed the jury's recommendation and sentenced petitioner accordingly.

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