FREEMAN v. ATTY. GEN.

No. 07-11658.

536 F.3d 1225 (2008)

John D. FREEMAN, Petitioner-Appellant, v. ATTORNEY GENERAL, State of Florida, Secretary, Dept. of Corrections, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 31, 2008.


Attorney(s) appearing for the Case

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

Charmaine M. Millsaps, Tallahassee, FL, for Respondents-Appellees.

Before BLACK, HULL and PRYOR, Circuit Judges.


BLACK, Circuit Judge:

In his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, Petitioner-Appellant John Freeman contends the State of Florida, through its State's Attorneys, impermissibly chose to pursue a capital sentence not because of the severity of his crimes, but because he is white and the victims of his crime were black. Freeman argues that by doing so the State violated his rights under the Eighth and Fourteenth Amendments, and that...

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