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HOSKINS v. WAINWRIGHT

No. 72-2500.

472 F.2d 158 (1972)

Edward Garrett HOSKINS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 1972.

Attorney(s) appearing for the Case

Wilfred C. Varn, Tallahassee, Fla. (court appointed but not under Act), for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Tampa, Fla., Wallace E. Allbritton, Asst. Atty. Gen., William D. Hopkins, State's Atty., Tallahassee, Fla., for respondent-appellant.

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

PER CURIAM:

This appeal follows an evidentiary hearing mandated in Hoskins v. Wainwright, 5 Cir., 1971, 440 F.2d 69. On remand the District Court adopted the findings of a special master who found that there was no prejudice to appellant from the delay between indictment and trial.

We must follow Henderson v. Circuit Court of the Tenth Judicial Circuit, State of Alabama, 5 Cir., 1968, 392 F.2d 551

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