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JENKINS v. COMMISSIONER, ALABAMA DEPT. OF CORR.

No. 17-12524.

963 F.3d 1248 (2020)

Mark Allen JENKINS, Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 29, 2020.

Attorney(s) appearing for the Case

Joseph T. Flood , Sheldon, Flood and Haywood, PLC, Fairfax, VA, for Petitioner-Appellant.

Henry M. Johnson , James Clayton Crenshaw , Michael A. Nunnelley , Alabama Attorney General's Office, Montgomery, AL, for Respondent-Appellee.

Brendan B. Gants , Elaine Goldenberg , Munger Tolles & Olson, LLP, Washington, DC, for Amici Curiae Alabama Disabilities Advocacy Program, Arc of Alabama, Arc of the United States.

Before WILSON, BRANCH, and TJOFLAT, Circuit Judges.

We sua sponte vacate our previous opinion and substitute the following in lieu thereof.1

* * *

Mark Allen Jenkins, an Alabama prisoner sentenced to death for the 1989 murder of Tammy Ruth Hogeland, appeals the district court's...

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