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HITCHCOCK v. SECRETARY, FLORIDA DEPT. OF CORR'S

No. 12-16158.

745 F.3d 476 (2014)

James HITCHCOCK, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 12, 2014.

Attorney(s) appearing for the Case

James L. Driscoll, Jr. , Capital Collateral Regional Counsel, Tampa, FL, for Petitioner-Appellant.

Mitchell David Bishop , Kenneth Sloan Nunnelley , Attorney General's Office, Daytona Beach, FL, for Respondent-Appellee.

Before CARNES, Chief Judge, HULL and WILSON, Circuit Judges.

CARNES, Chief Judge:

James Hitchcock, a Florida inmate sentenced to death for the strangulation murder of a thirteen-year-old girl, appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He contends that his Eighth and Fourteenth Amendment rights were violated at his latest resentencing proceeding when the state trial court refused to admit and consider, as relevant mitigating evidence, the prosecution's offer to recommend a life...

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