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ALSTON v. DEPARTMENT OF CORRECTIONS, FLORIDA

No. 09-15137.

610 F.3d 1318 (2010)

Pressley ALSTON, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS, State of FLORIDA, Florida Attorney General's Office, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 8, 2010.

Attorney(s) appearing for the Case

Richard Adam Sichta (Court-Appointed), Frank John Tassone, Jr. (Court-Appointed), Tassone, Sichta & Dreicer, LLC, Jacksonville, FL, for Petitioner-Appellant.

Thomas David Winokur, Tallahassee, FL, for Respondents-Appellees.

Before DUBINA, Chief Judge, and BIRCH and BARKETT, Circuit Judges.

DUBINA, Chief Judge:

Petitioner Pressley Bernard Alston, a Florida death row inmate, appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The state court decided that Alston was competent to waive his state post-conviction proceedings and that his waiver was knowing, intelligent, and voluntary. The district court found the state court's decision a reasonable application of clearly established federal law and a reasonable...

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