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ROZZELLE v. FLORIDA DEPT. OF CORRECTIONS

No. 10-13595.

672 F.3d 1000 (2012)

Roger Allen ROZZELLE, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 29, 2012.

Attorney(s) appearing for the Case

Randolph P. Murrell , Gwendolyn Louise Spivey , Fed. Pub. Defenders, Fed. Pub. Defender's Office, Tallahassee, FL, for Petitioner-Appellant.

Christine Ann Guard , Pam Bondi, Office of the Atty. Gen., Tallahassee, FL, for Respondent-Appellee.

Before HULL, MARCUS and BLACK, Circuit Judges.

PER CURIAM:

Roger Allen Rozzelle appeals the district court's denial of his untimely 28 U.S.C. § 2254 petition challenging his Florida second-degree murder conviction. After review and oral argument, we affirm.

I. BACKGROUND

An information charged Petitioner Rozzelle with one count of second-degree murder, in violation of Florida Statutes § 782.04(2). This appeal centers around the "depraved mind" mens rea in § 782.04(2), which defines...

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