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POPE v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 09-10773.

680 F.3d 1271 (2012)

Thomas Dewey POPE, Petitioner-Appellant, Cross-Appellee, v. SECRETARY FOR the DEPARTMENT OF CORRECTIONS, Walter A. McNeil, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 15, 2012.

Attorney(s) appearing for the Case

Celeste Bacchi (Court-Appointed), Fed. Pub. Def., Los Angeles, CA, Rachel Lawrence Day (Court-Appointed), William M. Hennis, III (Court-Appointed), Neal Andre Dupree (Court-Appointed), CCRC-South, Fort Lauderdale, FL, Todd Gerald Scher (Court-Appointed), Special Assistant CCRC-South, Miami Beach, FL, for Petitioner-Appellant Cross-Appellee.

Leslie T. Campbell , Office of the Atty. Gen., West Palm Beach, FL, for Respondent-Appellee, Cross-Appellant.

Before TJOFLAT, MARCUS and BLACK, Circuit Judges.

MARCUS, Circuit Judge:

Petitioner Thomas Dewey Pope was convicted on three counts of first degree murder for the deaths of Caesar Di Russo, Albert Preston Doranz, and Kristine A. Walters, and was sentenced to death in Florida's state courts for the murder of Walters. On collateral review of this capital case, the district court granted in part the petitioner's federal application for writ of habeas corpus, finding that trial...

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