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McGAHEE v. ALABAMA DEPT. OF CORRECTIONS

No. 07-15602.

560 F.3d 1252 (2009)

Earl J. McGAHEE, Petitioner-Appellant, v. ALABAMA DEPARTMENT OF CORRECTIONS, Richard Allen, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 4, 2009.

Attorney(s) appearing for the Case

Bryan A. Stevenson (Court-Appointed), Angela L. Setzer, Equal Justice Initiative of AL, Montgomery, AL, for McGahee.

Beth Jackson, Montgomery, AL, for Respondents-Appellees.

Before TJOFLAT, MARCUS and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Defendant Earl Jerome McGahee was convicted of capital murder and sentenced to death by the State of Alabama. McGahee appeals the district court's denial of his 28 U.S.C. § 2254 petition for the writ of habeas corpus challenging his conviction. We hold that the Alabama state courts unreasonably applied clearly established federal law as determined by the Supreme Court. We further hold that the State violated McGahee's Fourteenth Amendment...

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