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CLARK v. COMMISSIONER, ALABAMA DEPT. OF CORR.

No. 19-11443.

988 F.3d 1326 (2021)

Charles Gregory CLARK, Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 25, 2021.

Attorney(s) appearing for the Case

Spencer Jay Hahn , Matt D. Schulz , Federal Defender Program, Inc., MONTGOMERY, AL, for Petitioner-Appellant.

James Roy Houts , Deputy Assistant Attorney General, Kelsey Curtis , Edmund Gerard LaCour, Jr. , Luther J. Strange, III , Alabama Attorney General's Office, MONTGOMERY, AL, for Respondent-Appellee.

Before WILSON, JORDAN, and BRANCH, Circuit Judges.

Charles Gregory Clark was convicted of murder committed during a robbery in the first degree. See Ala. Code § 13A-5-40(a)(2). A jury recommended a death sentence, 11 to 1, and the trial court accepted that recommendation. After his direct appeal and state habeas review, Clark filed a federal habeas petition, alleging...

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