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PADGETT v. WAINWRIGHT

No. 24720.

387 F.2d 387 (1967)

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

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 6, 1968.

Attorney(s) appearing for the Case

James Edward Padgett, pro se.

David U. Tumin, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

Before COLEMAN and AINSWORTH, Circuit Judges, and DAWKINS, District Judge.

PER CURIAM:

This appellant from denial of a writ of habeas corpus is a Florida State convict serving a life sentence imposed upon conviction for first degree murder. There was no direct appeal, but the appellant exhausted his State post-conviction remedies as is required by 28 U.S.C.A. § 2254.

Following a full evidentiary hearing, the United States District Court granted habeas corpus relief on the authority of Escobedo v. State of Illinois,

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