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BOWLES v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 10-10284.

608 F.3d 1313 (2010)

Gary Ray BOWLES, Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Florida Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 18, 2010.

Attorney(s) appearing for the Case

Richard Adam Sichta, Frank John Tassone, Jr., Tassone and Sichta, LLC, Jacksonville, FL, for Petitioner-Appellant.

Charmaine M. Millsaps, Tallahassee, FL, for Respondents-Appellees.

Before TJOFLAT, BLACK and CARNES, Circuit Judges.

CARNES, Circuit Judge:

A man named Walter Hinton made the mistake of allowing Gary Ray Bowles to move into his mobile home in Jacksonville, Florida. One night after they had smoked marijuana and drunk beer, Hinton went to his room and fell asleep. Bowles "went outside and picked up a concrete block, brought it inside the mobile home, and set it on a table." Bowles v. State, 716 So.2d 769, 770 (Fla.1998). "After thinking for...

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