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DUKE v. ALLEN

No. 09-16011.

641 F.3d 1289 (2011)

Mark DUKE, Petitioner-Appellant, v. Richard ALLEN, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 26, 2011.

Attorney(s) appearing for the Case

Randall S. Susskind (Court-Appointed), Equal Justice Initiative of AL, Montgomery, AL, for Petitioner-Appellant.

J. Thomas Leverette , Montgomery, AL, for Respondent-Appellee.

Before DUBINA, Chief Judge, and EDMONDSON and WILSON, Circuit Judges.

EDMONDSON, Circuit Judge:

Petitioner Mark Duke seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. We conclude that Petitioner is entitled to no relief under section 2254 and affirm the district court's grant of summary judgment for Respondent.

I. BACKGROUND

In 1999, Petitioner was prosecuted in Alabama state court for the murders of his father and three other persons.1 At Petitioner's trial, Petitioner's defense...

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