Larry Eugene Mann v. Richard L. Dugger, Secretary, Florida Department of Corrections, Respondent

TJOFLAT, Circuit Judge:

I

Petitioner, Larry Eugene Mann, is a Florida death row inmate. In 1981, petitioner was convicted of first degree murder and kidnapping.1 At the conclusion of the sentencing phase of petitioner’s trial, the jury recommended the death penalty. The trial judge followed the recommendation and entered a sentence of death.

On direct appeal, the Supreme Court of Florida affirmed the conviction but vacated the sentence and ordered a new sentencing proceeding without a jury.2 Mann v. State, 420 So.2d 578 (Fla.1982). The trial court reimposed the death penalty, and, on direct…