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MARDEN v. PURDY

No. 26152.

409 F.2d 784 (1969)

Jay William MARDEN, Appellant, v. E. Wilson PURDY, as Sheriff of Dade County, Florida, Appellee. E. Wilson PURDY, as Sheriff of Dade County, Florida, Appellant, v. Jay William MARDEN, Appellee.

United States Court of Appeals Fifth Circuit.

April 10, 1969.

Attorney(s) appearing for the Case

Joe N. Unger, Ray H. Pearson, Frates, Fay, Floyd & Pearson, Miami, Fla., for appellant.

Richard E. Gerstein, State's Atty., Harold Mendelow, Asst. Atty. Gen. of Florida, Miami, Fla.; Earl Faircloth, Atty. Gen., Tallahassee, Fla., for appellee.

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

THORNBERRY, Circuit Judge.

Appellant Jay William Marden was convicted of robbery in a Florida state court. His direct appeal was unsuccessful and it is agreed that available state remedies have been exhausted. His petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 was denied without hearing by the court below. On appeal, he persists in assertions made below that his motion to suppress evidence in state court was improperly denied and that a post...

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