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O'BERRY v. WAINWRIGHT

No. FL 74-249-Civ-JLK.

394 F.Supp. 591 (1975)

Charles Wesley O'BERRY v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida.

United States District Court, S. D. Florida, Ft. Lauderdale Division.

May 8, 1975.

Attorney(s) appearing for the Case

Stephen R. Koons, Asst. Atty. Gen., Miami, Fla., for plaintiff.

Daniel S. Pearson, Miami, Fla., for defendant.

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS UNLESS THE STATE ELECTS A RETRIAL

JAMES LAWRENCE KING, District Judge.

Charles Wesley O'Berry seeks a writ of habeas corpus on the ground that his conviction for rape was constitutionally defective in two respects: first, because of the alleged incompetence of counsel; and second, because of the admission of evidence which was obtained from an allegedly unlawful search. Having considered the record and being...

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