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TROTTER v. SECRETARY, DEPT. OF CORRECTIONS

No. 07-15755.

535 F.3d 1286 (2008)

Melvin TROTTER, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 23, 2008.

Attorney(s) appearing for the Case

Carol Contreras Rodriquez (Court-Appointed), Capital Collateral Reg. Counsel, Tampa, FL, for Trotter.

Scott Andrew Browne, Robert J. Landry, Tampa, FL, for Respondents-Appellees.

Before BIRCH, BLACK and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

Melvin Trotter appeals the denial of his petition for a writ of habeas corpus and argues that two statutes enacted after he committed a capital offense but before he was resentenced to death violate the Ex Post Facto Clause of Article I, Section 10, of the United States Constitution. During the sentencing phase of Trotter's original trial, the court and jury found as one of several aggravating circumstances that Trotter was serving a "sentence...

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