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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.
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