LUCAS v. SECRETARY, DEPT. OF CORRECTIONS

No. 08-15761.

682 F.3d 1342 (2012)

Harold Gene LUCAS, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 8, 2012.


Attorney(s) appearing for the Case

James Vincent Viggiano (Court-Appointed), Carol Contreras Rodriguez (Court-Appointed), David Dixon Hendry (Court-Appointed), Mark S. Gruber (Court-Appointed), Mina J. Morgan (Court-Appointed), Robert T. Strain (Court-Appointed), Capital Collateral Regional Counsel, Tampa, FL, for Petitioner-Appellant.

Carol M. Dittmar , Florida Atty. General's Office, Tampa, FL, for Respondents-Appellees.

Before EDMONDSON, MARCUS and PRYOR, Circuit Judges.


MARCUS, Circuit Judge:

In this old capital case, Harold Gene Lucas was convicted on one count of first-degree murder for the 1976 death of sixteen-year-old Anthia "Jill" Piper and two counts of attempted first-degree murder for the shootings of Terri L. Rice and Richard "Ricky" Byrd, Jr. He was sentenced by a state trial court in Florida to die for Piper's murder. After several remands from direct appeals and a resentencing proceeding before a new jury that again...

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