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HOSKINS v. WAINWRIGHT

No. 72-2500.

485 F.2d 1186 (1973)

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

United States Court of Appeals, Fifth Circuit.

September 14, 1973.

Attorney(s) appearing for the Case

Wilfred C. Varn, Tallahassee, Fla., Court-appointed 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-appellee.

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

ON PETITION FOR REHEARING

JOHN R. BROWN, Chief Judge:

We step back into the batter's box, having allowed one to go by us1 and tipping another,2 in hopes that on our third and final swing we can avoid a judicial strike-out.

Edward Garrett Hoskins was indicted on May 21, 1959, in the Circuit Court of Leon County, Florida, for attempted robbery. Over...

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