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SMITH v. SINGLETARY

No. 94-2772.

61 F.3d 815 (1995)

Frank Elijah SMITH, Petitioner-Appellee, v. Harry K. SINGLETARY, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 1, 1995.

Attorney(s) appearing for the Case

Carolyn M. Snurkowski, Asst. Atty. Gen., Tallahassee, FL, for appellant.

Billy H. Nolas, Julie D. Naylor, Philadelphia, PA, for appellee.

Before TJOFLAT, Chief Judge, HATCHETT and EDMONDSON, Circuit Judges.

PER CURIAM:

In this capital case, the sentencing court violated Hitchcock v. Dugger, 481 U.S. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987). This appeal requires us to determine whether this error was harmless under the standard articulated in Brecht v. Abrahamson, ___ U.S. ___, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). We affirm the district court's determination that the error was not harmless under the Brecht<...

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