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KOKAL v. SECRETARY, DEPT. OF CORRECTIONS

No. 08-11722.

623 F.3d 1331 (2010)

Gregory Alan KOKAL, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Florida Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 18, 2010.

Attorney(s) appearing for the Case

Linda McDermott (Court-Appointed), McClain & McDermott, P.A., Wilton Manors, FL, for Petitioner-Appellant.

Stephen Richard White , Tallahassee, FL, for Respondents-Appellees.

Before TJOFLAT, BLACK and MARCUS, Circuit Judges.

MARCUS, Circuit Judge:

In this capital case, Gregory Alan Kokal claims that he was denied the effective assistance of counsel in violation of the Sixth Amendment. Kokal was sentenced to die by a Florida state court for the first degree murder of Jeffrey Russell, a sailor in the United States Navy. During post-conviction proceedings, the Florida Supreme Court concluded that Kokal's trial counsel was not constitutionally ineffective in preparing for the sentencing phase...

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