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WAINWRIGHT v. SYKES

No. 75-1781.

528 F.2d 522 (1976)

Louie L. WAINWRIGHT, Director, Division of Corrections, Petitioner-Appellant, v. John SYKES, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 25, 1976.

Attorney(s) appearing for the Case

Charles Corces, Jr., Asst. Atty. Gen., Tampa, Fla., for petitioner-appellant.

William F. Casler, Sr., St. Petersburg, Fla. (Court-appointed), for respondent-appellee.

Before GEWIN, BELL and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The respondent below, Wainwright (appellant, or occasionally, "the State"), appeals from an interlocutory order of the district court in a state habeas corpus case. That order required the state to conduct an evidentiary hearing to supplement the record before the district court, and provided that in the alternative, if such a hearing is not held, the district court will determine the issues on the state record as transmitted. The effect of...

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