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HALL v. WAINWRIGHT

No. 76-4235.

559 F.2d 964 (1977)

Roger Lee HALL, Petitioner-Appellant, v. Louis L. WAINWRIGHT, Director Division of Corrections, etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 1977.

Attorney(s) appearing for the Case

William J. Terry, Tampa, Fla. (Court appointed), for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before GOLDBERG and FAY, Circuit Judges, and DUMBAULD, District Judge.

DUMBAULD, Senior District Judge:

The question for determination in the case at bar is whether the record contains sufficient independent evidence, apart from the extra-judicial statement of a nontestifying co-defendant erroneously admitted into evidence contrary to the doctrine of Bruton v. U. S., 391 U.S. 123, 135-37, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), to establish conclusively...

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