LAMARCA v. SECRETARY, DEPT. OF CORRECTIONS

No. 08-16775.

568 F.3d 929 (2009)

Anthony LAMARCA, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 19, 2009.


Attorney(s) appearing for the Case

Linda McDermott (Court-Appointed), McClain & McDermott, P.A., Wilton Manors, FL, for LaMarca.

Scott Andrew Browne, Tampa, FL, for Respondents-Appellees.

Before BIRCH, BLACK and WILSON, Circuit Judges.


BLACK, Circuit Judge:

Anthony Lamarca seeks a certificate of appealability (COA) to appeal three claims from his 28 U.S.C. § 2254 federal habeas corpus petition. Lamarca, a Florida prisoner under a sentence of death, was convicted of first-degree murder in 1997. In a 57-page order, the district court denied Lamarca's § 2254 petition, in which he set forth six claims for relief, and declined to issue a COA. Lamarca timely applied for a COA with this Court...

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