Muhammad v. Secretary, FL Dept. of Corrections, et al., No. 12-16243 (11th Cir. 2013)
Annotate this CasePetitioner, convicted of murder and sentenced to death, was granted a federal writ of habeas corpus on the ground that his right to confrontation had been violated at his resentencing hearing. The court reversed, concluding that because hearsay was admissible at capital sentencing and petitioner had an opportunity to rebut the hearsay, petitioner's claim that the admission of hearsay testimony at his resentencing hearing violated his rights under the Confrontation Clause failed. The court also concluded that, because the retrospective application of the cold, calculated, and premeditated statutory aggravating factor did not disadvantage petitioner, his claim that the application of the factor violated his rights under the Ex Post Facto Clause failed.
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