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SMITH v. SECRETARY, DEPT. OF CORRECTIONS

No. 07-14173.

572 F.3d 1327 (2009)

Derrick Tyrone SMITH, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 30, 2009.

Attorney(s) appearing for the Case

Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Petitioner-Appellant.

Katherine Vickers Blanco, Tampa, FL, for Respondents-Appellees.

Before DUBINA, Chief Judge, and CARNES and HULL, Circuit Judges.

CARNES, Circuit Judge:

During an aborted robbery attempt cab driver Jeffrey Songer was shot in the back and died in the street in St. Petersburg, Florida. It happened after midnight on March 21, 1983. Eight months later Derrick Tyrone Smith was convicted for Songer's murder and sentenced to death. The Florida Supreme Court reversed that conviction and ordered a new trial because of two constitutional violations in the first...

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