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LAMBERTI v. WAINWRIGHT

No. 74-2164.

513 F.2d 277 (1975)

Louis D. LAMBERTI, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 22, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Linda C. Hertz, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Andrew Hall, Miami, Fla. (Court-appointed), for petitioner-appellee.

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

GOLDBERG, Circuit Judge:

In an act of judicial rarity, we remand for exhaustion of state remedies after a United States District Court has granted the writ of habeas corpus.

Louis D. Lamberti, convicted of robbery by a jury of the Criminal Court of record in and for Dade County, Florida, was sentenced to 20 years in prison. His direct appeal was dismissed, apparently on account of untimely filing. Subsequently maintaining in habeas corpus proceedings before...

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