FIXEL v. WAINWRIGHT

No. 72-3714.

492 F.2d 480 (1974)

Robert FIXEL, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1974.


Attorney(s) appearing for the Case

Jerome M. Rosenblum, Hollywood, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., William Rogers, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Before AINSWORTH, GODBOLD and INGRAHAM, Circuit Judges.


INGRAHAM, Circuit Judge:

Petitioner Robert Fixel appeals from the district court's dismissal of his petition for a writ of habeas corpus. Fixel's claim is that his conviction was based on evidence obtained as a result of an illegal search and seizure.

In late April 1970 Detective Sergeant Joseph A. Valdes procured a search warrant to search petitioner's home, an apartment in a four-unit apartment building, in Key West, Florida. Valdes, accompanied by Deputy...

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