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DARLING v. SECRETARY, DEPT. OF CORRECTIONS

No. 10-13408.

619 F.3d 1279 (2010)

Dolan DARLING, a.k.a. Sean Smith, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 14, 2010.

Attorney(s) appearing for the Case

Mark S. Gruber (Court-Appointed), Tampa, FL, for Darling.

Barbara Curtis Davis , Daytona Beach, FL, for Respondents-Appellees.

Before EDMONDSON, MARCUS and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

Dolan Darling, a Florida inmate sentenced to death, applies for a certificate of appealability to appeal the denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2254. Darling has failed to make a substantial showing of the denial of a constitutional right. We deny his application.

I. BACKGROUND

A jury convicted Darling of the murder and sexual battery of Grazyna ("Grace") Mlynarczyk. Darling v. State...

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