CARROLL v. SECRETARY, DOC

No. 08-14317.

574 F.3d 1354 (2009)

Elmer Leon CARROLL, Petitioner-Appellant, v. SECRETARY, DOC, FL Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 17, 2009.


Attorney(s) appearing for the Case

Michael Paul Reiter (Court-Appointed), Venice, FL, for Carroll.

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

Before BLACK, HULL and WILSON, Circuit Judges.


BLACK, Circuit Judge:

Elmer Leon Carroll, a Florida prisoner under a sentence of death, appeals the district court's order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court granted a certificate of appealability as to the second claim from Carroll's petition: Whether Carroll was denied his rights of due process and equal protection when the state court failed to grant an evidentiary hearing on his claim of mental retardation...

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