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FOTOPOULOS v. SECRETARY, DEPT. OF CORRECTIONS

No. 07-11105.

516 F.3d 1229 (2008)

Konstantinos X. FOTOPOULOS, Petitioner-Appellee, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 14, 2008.

Attorney(s) appearing for the Case

Kenneth Sloan Nunnelley, Dept. of Legal Affairs, Daytona Beach, FL, for Respondents-Appellants.

James L. Driscoll, Jr. (Court-Appointed), Capital Collateral Regional Counsel-Middle Region, Tampa, FL, for Fotopoulos.

Before BIRCH, BLACK and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

The two issues in this appeal by the Secretary of the Department of Corrections of Florida involve whether the Supreme Court of Florida unreasonably applied clearly established federal law when it upheld the death sentence of Konstantinos X. Fotopoulos entered after the. State of Florida had presented an allegedly inconsistent theory of Fotopoulos's relative culpability in a co-conspirator's sentencing...

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