United States Eleventh Circuit
Smith v. Sec'y, Dept. of Corr., 07-14173
In a capital habeas matter, the denial of Petitioner's petition is affirmed in part, where there was no possibility of prejudice due to the prosecutor's alleged misconduct in a prior trial because a new trial was conducted; but reversed in part, where the prosecution did not disclose in the later trial that a witness told the prosecutor that in exchange for testifying again, he wanted help with charges he faced.
Appellate Information
- Decided 06/30/2009
- Published 06/30/2009
Judges
- CARNES, Circuit Judge:, Before DUBINA, Chief Judge, and CARNES and HULL, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Petitioner-Appellant.
- For Appellees:
- Katherine Vickers Blanco, Tampa, FL, for Respondents-Appellees.