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LAWHORN v. ALLEN

No. 04-11711.

519 F.3d 1272 (2008)

James Charles LAWHORN, Petitioner-Appellee, v. Richard F. ALLEN, Commissioner, Alabama Dept. of Corrections, Attorney General of Alabama, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 11, 2008.

Attorney(s) appearing for the Case

Kevin Christopher Newsom, Bradley, Arant, Rose & White, LLP, Birmingham, AL, Beth Jackson Hughes, Montgomery, AL, for Respondents-Appellants.

Richard L. Neumeier, Morrison, Mahoney & Miller, LLP, Boston, MA, for Lawhorn.

Before BIRCH, BARKETT and WILSON, Circuit Judges.

BIRCH, Circuit Judge:

An Alabama jury found petitioner James Charles Lawhorn ("Lawhorn") guilty of capital murder and recommended that he be sentenced to death. The state circuit court judge adopted that recommendation and sentenced Lawhorn to death. After exhausting his state court remedies, Lawhorn filed a federal habeas corpus petition pursuant to 28 U.S.C. § 2254. The district court granted in part and denied in...

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