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CLEMONS v. COMMISSIONER, ALABAMA DEPT. OF CORR.

No. 16-13020.

967 F.3d 1231 (2020)

Eugene Milton CLEMONS, II, Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Warden, Holman CF, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 30, 2020.

Attorney(s) appearing for the Case

Eric W. Bloom , Winston & Strawn, LLP, Washington, DC, Ryan S. Spiegel , Paley Rothman, Bethesda, MD, Wesley A. Van Winkle , Law Offices of Wesley A. Van Winkle, Berkeley, CA, Anne Regina Yuengert , Bradley Arant Boult Cummings, LLP, Birmingham, AL, for Plaintiff-Appellant.

Henry M. Johnson , Edmund Gerard LaCour, Jr. , Alabama Attorney General's Office, Montgomery, AL, for Respondents-Appellees.

Before WILSON, JILL PRYOR and MARCUS, Circuit Judges.

In 1994, an Alabama jury convicted Eugene Clemons for the capital murder of Drug Enforcement Administration Special Agent George Douglas Althouse. Thereafter, a unanimous jury recommended that Clemons be sentenced to death; the state trial court followed the jury's recommendation and sentenced the petitioner to die. Nearly...

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