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McGEEHAN v. WAINWRIGHT

No. 74-4179.

526 F.2d 397 (1976)

Thomas McGEEHAN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 1976.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, 12th Judicial Circuit, Ellen Condon, Asst. Public Defender, Tampa, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Miami, Fla., William I. Munsey, Jr., Charles Corces, Jr., Asst. Attys. Gen., Tampa, Fla., for respondent-appellee.

Before GEWIN, BELL and SIMPSON, Circuit Judges.

PER CURIAM:

Thomas McGeehan, a prisoner in state custody, appeals from an order denying his petition for habeas corpus. The sole issue presented in his petition and on this appeal concerns the admissibility of certain evidence seized in a warrantless search and subsequently introduced at his trial for robbery. Based on the record of the state court's hearing on McGeehan's motion to suppress, the court below denied the petition without conducting an evidentiary hearing...

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