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WAINWRIGHT v. PADGETT

No. 23435.

363 F.2d 822 (1966)

L. L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellant-Appellee, v. James Edward PADGETT, Appellee-Appellant. James Edward PADGETT, Appellant, v. L. L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

July 8, 1966.

Attorney(s) appearing for the Case

James G. Mahorner, Asst. Atty. Gen., Earl Faircloth, Atty. Gen., State of Fla., Tallahassee, Fla., for appellant.

John Paul Howard, Jacksonville, Fla., for appellee.

James Edward Padgett, pro se.

Before TUTTLE, Chief Judge, and BROWN and COLEMAN, Circuit Judges.

PER CURIAM.

This is an appeal from a November 16, 1965, order of the District Court granting Appellee's petition for habeas corpus. On August 3, 1964, several months after the Supreme Court on June 22, 1964, handed down its decision in Escobedo v. State of Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, Appellee filed a petition for habeas corpus in the Federal District Court to test the constitutionality of his detention...

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