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SIMPSON v. WAINWRIGHT

No. 29109.

439 F.2d 948 (1971)

Clarence SIMPSON, Jr., Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 1971.

Attorney(s) appearing for the Case

Clarence Simpson, Jr., pro se., Stanley Jay Bartel, Miami, Fla., for petitioner-appellant.

Earl Faircloth, Atty. Gen. of Florida, Tallahassee, Fla., Jesse J. McCrary, Jr., Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before GEWIN, COLEMAN, and AINSWORTH, Circuit Judges.

COLEMAN, Circuit Judge.

In 1962, Clarence Simpson was convicted by a jury in the Circuit Court of Dade County, Florida, of the crime of first degree murder. It was not until 1968 that the Supreme Court decided Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476. On habeas corpus to the United States District Court for the Southern District of Florida, Simpson alleged that he was entitled to Bruton relief. The...

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