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LOTT v. ATTORNEY GENERAL, FLORIDA

No. 09-14196.

594 F.3d 1296 (2010)

Ken E. LOTT, Petitioner-Appellant, v. ATTORNEY GENERAL, State of FLORIDA, Secretary, Department of Corrections, Milton Hicks, Warden, Union Correctional Institution, Raiford, Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 25, 2010.

Attorney(s) appearing for the Case

Frank J. Bankowitz (Court-Appointed), Orlando, FL, for Petitioner-Appellant.

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

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

HULL, Circuit Judge:

Ken E. Lott, a death-sentenced Florida prisoner, seeks a certificate of appealability ("COA") to appeal the district court's denial of his 28 U.S.C. § 2254 federal habeas corpus petition. We deny Lott's COA application because he fails to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).

I. BACKGROUND

In March 1994, Lott brutally murdered Rose Conners. The Florida...

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