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GALTIERI v. WAINWRIGHT

Nos. 75-4169 and 76-1006.

545 F.2d 942 (1977)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Granted February 28, 1977.

Attorney(s) appearing for the Case

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

Milton E. Grusmark, Miami, Fla., for petitioners-appellees.

Before BROWN, Chief Judge, and TUTTLE and TJOFLAT, Circuit Judges.

Rehearing Granted En Banc February 28, 1977.

TJOFLAT, Circuit Judge:

In 1967, the petitioners Galtieri and Matera were jointly convicted in the Florida state courts of robbery. They appealed unsuccessfully at the state court level1 and in January 1973 filed a petition for habeas corpus in federal court. That petition was dismissed for failure to exhaust state remedies, and they turned again to the state's judicial machinery for...

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