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BARTON v. WAINWRIGHT

No. 27185.

412 F.2d 229 (1969)

William L. BARTON, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 24, 1969.

Attorney(s) appearing for the Case

Robert R. Crittenden, Asst. Atty. Gen., Morton J. Hanlon, Asst. Atty. Gen., Lakeland, Fla., Earl Faircloth, Atty. Gen., Lakeland, Fla., for appellant.

Robert E. Jagger, Public Defender, Sixth Judicial Circuit, Carleton L. Weidemeyer, Clearwater, Fla., for appellee.

Before BELL and GOLDBERG, Circuit Judges, and ATKINS, District Judge.

PER CURIAM:

The basis of this appeal is asserted error in the conclusion of the district court, on a petition for writ of habeas corpus, that Florida must afford its petitioner-prisoner a new trial because of an absence of due process of law in his state trial. The holding rested on a denial of Sixth Amendment rights to compulsory process and the affective assistance of counsel through the suppression of witnesses by the...

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