FOSTER v. DUGGER

No. 86-3539.

823 F.2d 402 (1987)

Charles Kenneth FOSTER, Petitioner-Appellant, v. Richard L. DUGGER, and Robert A. Butterworth, Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 3, 1987.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, W. Palm Beach, Fla., Craig S. Barnard, Chief Asst. Public Defender, Richard H. Burr, III, N.A.A.C.P. Legal Defense Fund, New York City, Steven L. Seliger, Quincy, Fla., for petitioner-appellant.

Robert A. Butterworth, Atty. Gen., Mark C. Menser, Asst. Atty. Gen., Tallahassee, Fla., respondents-appellees.

Before GODBOLD, VANCE and JOHNSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 3, 1987.

VANCE, Circuit Judge:

Charles Kenneth Foster was sentenced to death after he confessed during the guilt/innocence phase of his first-degree murder trial. This is an appeal from the district court's denial of his second and successive petition for a writ of habeas corpus. Like its predecessor, Foster's second petition seeks relief based upon the performance of his attorney, Virgil Mayo. Foster again...

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