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FERGUSON v. SECRETARY FOR DEPT. OF CORRECTIONS

Nos. 05-13595, 05-13877.

580 F.3d 1183 (2009)

John Errol FERGUSON, Dorothy Ferguson, individually and as Next Friend on behalf of John Errol Ferguson, Petitioners-Appellants, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Walter A. McNeil, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 26, 2009.

Attorney(s) appearing for the Case

Catherine E. Stetson, E. Barrett Prettyman, Jr., Patricia A. Brannan, Christopher Todd Handman, Hogan & Hartson, LLP, Washington, DC, for Petitioners-Appellants.

Scott Andrew Browne, Tampa, FL, for McNeil.

Before BIRCH, WILSON and PRYOR, Circuit Judges.

BIRCH, Circuit Judge:

John Errol Ferguson ("Ferguson"), a Florida prisoner convicted of murder and sentenced to death, filed a federal habeas corpus petition pursuant to 28 U.S.C. § 2254 in which he made at least eleven claims. He also moved to stay the federal habeas proceedings based on his alleged incompetency, a motion denied by the district court, which held an evidentiary hearing on the issue and found him competent to proceed with the petition. The court...

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