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DINKINS v. WAINWRIGHT

No. 71-2717 Summary Calendar.

451 F.2d 587 (1971)

Alvin DINKINS, a/k/a Alvin Thomas, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Department of Health & Rehabilitation Services, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 23, 1971.

Attorney(s) appearing for the Case

Joseph P. Baker, Orlando, Fla. (Court Appointed), for petitioner-appellant.

Robert L. Shevin, Atty. Gen. of Fla., Tallahassee, Fla., P. A. Pacyna, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

Alvin Dinkins, also known as Alvin Thomas, was convicted by a jury in the Criminal Court of Record in Orange County, Florida, of the offense of robbery. The conviction was affirmed, per curiam, 223 So.2d 577 (Fla.App.1969).

Dinkins then sought relief by way of habeas corpus. The contention was that petitioner had been denied a fair trial, i. e., due process, because the state trial court admitted evidence, with...

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