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COOPER v. SECRETARY, DEPT. OF CORRECTIONS

No. 09-12977.

646 F.3d 1328 (2011)

Richard COOPER, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 21, 2011.

Attorney(s) appearing for the Case

George H. Kendall (Court-Appointed), Samuel Spital (Court-Appointed), Squire, Sanders & Dempsey, LLP, New York City, Stephen F. Hanlon, Laura A. Fernandez, Holland and Knight, LLP, Washington, DC, Mark S. Gruber (Court-Appointed), Capital Collateral Regional Counsel-Middle Region, Tampa, FL, for Petitioner-Appellant.

Carol M. Dittmar, Tampa, FL, for Respondents-Appellees.

Before MARCUS, PRYOR and BLACK, Circuit Judges.

BLACK, Circuit Judge:

Richard Cooper, a Florida death-row inmate, appeals the district court's denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Cooper was granted a certificate of appealability on four issues; however, this opinion addresses only two of the issues: (1) whether trial counsel was ineffective at the penalty phase because counsel failed to investigate and present mitigating evidence; and...

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