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BORDEN v. ALLEN

No. 09-14322.

646 F.3d 785 (2011)

Jeffery Lynn BORDEN, Petitioner-Appellant, v. Richard F. ALLEN, Commissioner Alabama Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 12, 2011.

Attorney(s) appearing for the Case

Alfred F. Smith, Jr. (Court-Appointed), Bainbridge, Mims, Rogers & Smith, LLP, Birmingham, AL, Michael J. Bleck (Court-Appointed), Mark S. Olson (Court-Appointed), Oppenheimer, Wolff & Donnelly, LLP, Minneapolis, MN, for Petitioner-Appellant.

Beth Jackson Hughes, Montgomery, AL, for Respondent-Appellee.

Before TJOFLAT, WILSON and BLACK, Circuit Judges.

TJOFLAT, Circuit Judge:

Jeffery Lynn Borden is a death row inmate in the Alabama prison system; he was convicted of capital murder in the Circuit Court of Jefferson County, Alabama, in September 1995. He seeks a writ of habeas corpus vacating his death sentence on the ground that his attorneys rendered ineffective assistance of counsel during the penalty phase of his murder trial in violation of the Sixth and Fourteenth Amendments to the United States Constitution...

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