WILLIAMS v. ALLEN

No. 07-11393.

542 F.3d 1326 (2008)

Herbert WILLIAMS, Jr., Petitioner-Appellant, v. Commissioner Richard F. ALLEN, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 17, 2008.


Attorney(s) appearing for the Case

Miriam S. Gohara, Holly A. Thomas, NAACP Legal Defense & Educ. Fund, Inc., George H. Kendall, Holland & Knight, New York City, for Williams.

J. Clayton Crenshaw, Montgomery, AL, for Allen.

Before BIRCH, DUBINA and WILSON, Circuit Judges.


WILSON, Circuit Judge:

Herbert Williams, Jr., was convicted of capital murder for the 1988 killing of Timothy Hasser. An Alabama jury recommended by a vote of 9-3 that Williams be sentenced to life imprisonment without parole, but the trial judge overrode that recommendation and sentenced Williams to death. Following the completion of state postconviction proceedings, Williams filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Williams...

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