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BURTON v. COMMISSIONER, ALA. DEPT. OF CORRECTIONS

No. 10-12108.

700 F.3d 1266 (2012)

Charles L. BURTON, Jr., Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 7, 2012.

Attorney(s) appearing for the Case

Anne E. Borelli , Matt D. Schulz , Fed. Defenders, Montgomery, AL, for Petitioner-Appellant.

James Clayton Crenshaw , Beth Jackson Hughes , John Cowles Neiman, Jr. , Luther J. Strange, III , Atty. General's Office, Montgomery, AL, for Respondent-Appellee.

Before TJOFLAT, MARCUS and WILSON, Circuit Judges.

WILSON, Circuit Judge:

Death row inmate Charles Burton appeals from the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Burton asserts that he was denied the effective assistance of counsel at the penalty phase of his capital murder trial when the court interfered with his counsel's mitigation strategy and when his counsel did not object to the interference. After reviewing the record and considering the arguments presented...

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