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GRIZZELL v. WAINWRIGHT

No. 72-3361.

481 F.2d 405 (1973)

Alfred E. GRIZZELL, #010977, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 6, 1973.

Attorney(s) appearing for the Case

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

P. Donald DeHoff, Jacksonville, Fla., Court-appointed, for petitioner-appellee.

Before GOLDBERG, SIMPSON and CLARK, Circuit Judges.

GOLDBERG, Circuit Judge:

This appeal challenges the granting of habeas corpus relief pursuant to 28 U. S.C. § 2254. The sole issue before us is: Was the District Court correct in giving retroactive application to the Supreme Court's decision in Mayberry v. Pennsylvania, 1971, 400 U.S. 455, 91 S.Ct. 499, 27 L.Ed.2d 532. In affirming the District Court, we join the Seventh Circuit, United...

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