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DOWNS v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 12-14248.

738 F.3d 240 (2013)

Ernest Charles DOWNS, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 5, 2013.

Attorney(s) appearing for the Case

Scott Balber , Herbert, Smith, Freehills New York, LLP, New York City, Abbe David Lowell , Chadbourne & Parke, LLP, Washington, DC, Benjamin Bleiberg , Chadbourne & Parke LLP, New York City, Robert M. Kline , McDermott Will & Emery, LLP, Miami, FL, Justin B. Uhlemann , McDermott Will & Emery, LLP, Miami, FL, for Petitioner-Appellant.

Carol Marie Dittmar , Tampa, FL, Charmaine Mary Millsaps , Tallahassee, FL, for Respondents-Appellees.

Before HULL, MARCUS and WILSON, Circuit Judges.

HULL, Circuit Judge:

Ernest Downs, a Florida death row inmate, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. This appeal involves only the guilt phase of Downs's trial. Downs argues that his convictions for first degree murder and conspiracy to commit first degree murder were obtained in violation of the Constitution because (1) the State withheld exculpatory evidence prior to his trial, (2) his trial counsel labored under...

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