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PUIATTI v. McNEIL

No. 09-15514.

626 F.3d 1283 (2010)

Carl PUIATTI, Petitioner-Appellee, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 29, 2010.

Attorney(s) appearing for the Case

Scott Andrew Browne , Tampa, FL, for Respondent-Appellant.

Steven Alan Reiss , Jonathan Bloom , Adam B. Banks , Miranda S. Schiller , Weil, Gotshal & Manges, LLP, New York City, Ardith Michelle Bronson , Weil, Gotshal & Manges, LLP, Boston, MA, for Puiatti.

Before HULL, PRYOR and MARTIN, Circuit Judges.

HULL, Circuit Judge:

Carl Puiatti, a Florida inmate under a death sentence, filed a 28 U.S.C. § 2254 petition for a writ of habeas corpus that challenged his convictions and death sentence. The district court denied the petition as to Puiatti's convictions but vacated Puiatti's death sentence. The district court concluded that the state trial court's denial of Puiatti's motion to sever his penalty phase from his co-defendant's violated Puiatti's constitutional...

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