Omar Blanco, Cross-Appellant v. Harry K. Singletary, as Secretary, Department of Corrections, State of Florida, Cross-Appellee

CLARK, Senior Circuit Judge:

The state of Florida appeals the district court’s grant of habeas relief to petitioner-appellee/cross-appellant Omar Blanco as to the sentencing phase of his death penalty trial. Blanco cross-appeals the district court’s refusal to grant habeas relief as to the guilt/innocence phase of his trial. We affirm.

I. CIRCUMSTANCES OF THE CRIME

Blanco was sentenced to death for murder in Florida in 1982. The circumstances of the crime are set out in the Florida Supreme Court’s opinion on direct appeal, which we quote in relevant part:

Fourteen-year-old Thalia Vezos testified…