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SPENCER v. SECRETARY, DEPT. OF CORRECTIONS

No. 06-16503.

609 F.3d 1170 (2010)

Dusty Ray SPENCER, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State Of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 22, 2010.

Attorney(s) appearing for the Case

Harry Philip Brody (Court-Appointed), Sarasota, FL, for Petitioner-Appellant.

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

Before EDMONDSON, MARCUS and PRYOR, Circuit Judges.

MARCUS, Circuit Judge:

In this capital case, Dusty Ray Spencer, a Florida prisoner convicted of first degree murder, aggravated assault, attempted second-degree murder, and aggravated battery, appeals the district court's denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. We granted Spencer a Certificate of Appealability on his claim that the state court erroneously denied him relief because of prosecutorial misconduct. Spencer...

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