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OCCHICONE v. CROSBY

No. 05-12502.

455 F.3d 1306 (2006)

Dominick OCCHICONE, Petitioner-Appellant, v. James CROSBY, Secretary, Florida Department of Corrections, Charlie Crist, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 14, 2006.

Attorney(s) appearing for the Case

Peter James Cannon (Court-Appointed), Capital Collateral Reg. Counsel-Middle, Tampa, FL, for Occhicone.

Stephen D. Ake, Tampa, FL, for Respondents-Appellees.

Before ANDERSON, DUBINA and CARNES, Circuit Judges.

ANDERSON, Circuit Judge:

Dominick Occhicone appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that the Florida Supreme Court failed to recognize that his right to a fair trial was abridged by the prosecution's failure to correct testimony known to be perjured. We find no such error and affirm the district court's denial of the petition.

I. BACKGROUND

On July 11, 1986, Dominick...

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