JOHNSON v. SINGLETARY

No. 89-3195.

938 F.2d 1166 (1991)

Marvin Edwin JOHNSON, Petitioner-Appellant, v. Harry K. SINGLETARY, Jr., Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied September 4, 1991.


Attorney(s) appearing for the Case

Billy H. Nolas, Tallahassee, Fla., for petitioner-appellant.

Mark Menser, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, ANDERSON, CLARK, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges, and HILL, Senior Circuit Judge.


COX, Circuit Judge:

Petitioner Marvin Edwin Johnson, a Florida death row inmate, appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. A panel of this court concluded that Johnson was entitled to an opportunity to prove the ineffective assistance of sentencing counsel claim contained in his second federal habeas petition. This is so, the panel concluded, notwithstanding the...

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