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BATES v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 13-11882.

768 F.3d 1278 (2014)

Kayle Barrington BATES, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 5, 2014.

Attorney(s) appearing for the Case

Terri L. Backhus , Backhus & Izakowitz, PA, Tampa, FL, for Petitioner-Appellant.

Charmaine Mary Millsaps , Office of the Attorney General, Tallahassee, FL, for Respondent-Appellee.

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

ED CARNES, Chief Judge, and TJOFLAT, Circuit Judge:1

On the afternoon of June 14, 1982, Janet White, a State Farm Insurance clerk, returned from lunch around 1:00 p.m., as was her normal practice. As she came into the office, she answered the phone. Unknown to her, she was not alone. She knew that Kayle Barrington Bates had stopped by the office earlier that day, talked with her, and left. She did not know that, having seen that she was...

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