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STONE v. WAINWRIGHT

No. 72-3738. Summary Calendar.

478 F.2d 390 (1973)

Raymond R. STONE, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, etc., Respondent-Appellant. Eugene P. HUFFMAN, Petitioner-Appellee, v. James F. TOMPKINS, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 19, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., William E. Whitlock, III, Andrew W. Lindsey, Asst. Attys. Gen., William E. Whitlock, III, Tallahassee, Fla., for respondents-appellants.

Lynn E. Wagner, Director, Prisoner Assistance Project, Legal Aid & Defender Clinic, University of Fla., College of Law, Gainesville, Fla., for petitioners-appellees.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

This is an appeal by the State of Florida from the granting of federal habeas relief to two men who had been convicted of violating Florida's "felony sodomy statute," Fla.Stat.Ann. § 800.01. Subsequent to the trials at which petitioners were convicted, the Supreme Court of Florida held Section 800.01 to be "void on its face as unconstitutional for vagueness and uncertainty in its language."1 The Florida Supreme...

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