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CASTILLO v. FLORIDA, SECRETARY OF DOC

No. 12-13053.

722 F.3d 1281 (2013)

Anna CASTILLO, Petitioner-Appellee, v. State of FLORIDA, SECRETARY OF DOC, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 22, 2013.

Attorney(s) appearing for the Case

Janice Louise Bergmann , Fed. Pub. Def., Fort Lauderdale, FL, Michael Caruso , Fed. Pub. Def., Miami, FL, for Petitioner-Appellee.

Linda S. Katz , Magaly Rodriguez , Pam Bondi , Richard L. Polin , Atty. Gen.'s Office, Miami, FL, for Respondent-Appellant.

Before CARNES and COX, Circuit Judges, and RESTANI, Judge.

CARNES, Circuit Judge:

A juror was absent during the second day of the three days of testimony in a state criminal trial. Then she was either replaced by an alternate and did not participate in deliberations and reaching a verdict, or she was not replaced and did participate. One might think it would be simple to tell what happened because the juror either did or didn't participate after being absent from a day of testimony. It is not a simple matter, however, largely...

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