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SHERE v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 07-13768.

537 F.3d 1304 (2008)

Richard Earle SHERE, Jr., Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 7, 2008.

Attorney(s) appearing for the Case

Patrick D. Doherty (Court-Appointed), Brown & Doherty, P.A., Frank Louderback (Court-Appointed), St. Petersburg, FL, for Shere.

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

Before TJOFLAT, BLACK and WILSON, Circuit Judges.

BLACK, Circuit Judge:

Richard Earle Shere, Jr., a Florida death row inmate, appeals the district court's denial of his petition for a writ of habeas corpus. During the penalty phase of Shere's state criminal trial, the prosecutor1 made Biblical references on three separate occasions while cross-examining defense mitigation witnesses. Shere now contends his appellate counsel was ineffective for failing to raise a challenge to these Biblical...

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