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DEMPS v. WAINWRIGHT

No. 80-5611.

666 F.2d 224 (1982)

Bennie E. DEMPS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied February 23, 1982.

Attorney(s) appearing for the Case

Jeffrey Garmel, Brookline, Mass., for petitioner-appellant.

Miguel A. Olivella, Jr., Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Before RONEY, KRAVITCH and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

Petitioner, Bennie E. Demps, appeals from the district court's denial of habeas corpus relief, 28 U.S.C.A. § 2254. Demps and his co-defendant, Jackie Hardie, were convicted of two counts of first degree murder before a Florida state court and were sentenced to death. Their death sentences were reduced to life sentences by the Supreme Court of Florida, but their convictions were otherwise affirmed. Demps v. State,

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