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RUDD v. STATE OF FLORIDA

No. 72-2409.

477 F.2d 805 (1973)

Lamar RUDD, Petitioner-Appellee, v. STATE OF FLORIDA, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 23, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen. of Fla., Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellant.

Kathryn L. Powers, Jacksonville, Fla., court-appointed, for petitioner-appellee.

Before JONES, GODBOLD and INGRAHAM, Circuit Judges.

GODBOLD, Circuit Judge:

This appeal is by the State of Florida from the issuance of a writ of habeas corpus for Lamar Rudd, a state prisoner serving a 40-year term for armed robbery of a store. The District Court's order, entered after a full evidentiary hearing and pursuant to a memorandum opinion, 343 F.Supp. 212, directed the immediate release of Rudd from state custody and allowed the state to retry him if it so elected. The...

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