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BRASWELL v. WAINWRIGHT

No. 71-2836.

463 F.2d 1148 (1972)

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

United States Court of Appeals, Fifth Circuit.

July 7, 1972.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen. of Fla., Tallahassee, Fla., J. Robert Olian, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Lewis S. Kimler, Asst. Public Defender, Miami, Fla. (court appointed), for petitioner-appellee.

Before TUTTLE, GEWIN and THORNBERRY, Circuit Judges.

GEWIN, Circuit Judge:

Mason Edward Braswell was convicted of aggravated assault in a Florida state court. The Florida court of appeals affirmed the conviction1 and the Florida Supreme Court2 and the United States Supreme Court denied certiorari.3 Braswell then sought habeas corpus relief in the United States District Court. The district court granted the writ and ordered that unless...

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