TALAVERA v. WAINWRIGHT

No. 72-2204 Summary Calendar.

468 F.2d 1013 (1972)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 15, 1972.


Attorney(s) appearing for the Case

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

Grover C. Freeman, Tampa, Fla., for petitioner-appellee.

Before JOHN R. BROWN, Chief Judge, GOLDBERG and MORGAN, Circuit Judges.


GOLDBERG, Circuit Judge:

This habeas case involves the right of a defendant in a state criminal prosecution to demand severance from joint trial with codefendants. The United States District Court for the Middle District of Florida granted relief, holding that on the facts of this case the defendant's constitutional rights were impermissibly derogated by the state trial judge's summary denial of his motion for severance and by the Florida Supreme Court's affirmance...

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