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BRYAN v. WAINWRIGHT

No. 74-3179.

511 F.2d 644 (1975)

William Michael BRYAN, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 16, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Donald K. Rudser, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellant.

Joseph S. Farley, Jr., Jacksonville, Fla., for petitioner-appellee.

Before GOLDBERG and RONEY, Circuit Judges, and LYNNE, District Judge.

PER CURIAM:

The district court ordered release or retrial of a state prisoner on the ground that the jury which convicted him of manslaughter was unconstitutionally coerced by the giving of an Allen charge and a subsequent twenty minute deadline to "see if you can arrive at a verdict." Bryan v. Wainwright, 377 F.Supp. 766 (M.D.Fla.1974). Deciding that the coercive effect, if any, of the state trial procedure does not reach...

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