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LAMARR v. WAINWRIGHT

No. 26901.

423 F.2d 1104 (1970)

Robert Lionel LAMARR, Plaintiff-Appellant, v. Louie L. WAINWRIGHT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 30, 1970.

Attorney(s) appearing for the Case

W. Reynolds Allen, Joseph P. Manners, Richard Gale, Miami, Fla., for appellant.

Earl Faircloth, Atty. Gen. of Florida, Tallahassee, Fla., Arden M. Siegendorf, Ronald W. Sabo, Asst. Attys. Gen., Miami, Fla., for appellee.

Before TUTTLE, WISDOM, and GOLDBERG, Circuit Judges.

PER CURIAM:

Robert Lionel Lamarr appeals from the district court's denial of a writ of habeas corpus. After an evidentiary hearing the district court concluded that Lamarr deliberately by-passed his available state court remedies. Although the question is not free from doubt, this Court, after a close study of the record cannot say that the decision below was clearly erroneous.

April 29, 1964, Lamarr was convicted in the Criminal Court of Record for Dade County...

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