Roy Allen Harich v. Louie L. Wainwright, Secretary Florida Department of Corrections, Respondent

CLARK, Circuit Judge:

Roy Allen Harich appeals from a final judgment of the district court denying his petition for a writ of habeas corpus. We affirm in part, reverse in part, and remand for an evidentiary hearing.

Harich was charged under Florida law with first degree murder, attempted first degree murder, use of a firearm in the commission of a felony, and two counts of kidnapping. In a bifurcated trial, the jury first found defendant guilty of all charges, and then voted nine-three to advise the trial court to impose the death penalty on the murder charge. The trial court imposed the death…