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CHANEY v. WAINWRIGHT

No. 76-3459.

561 F.2d 1129 (1977)

Ben CHANEY, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary of the Florida Department of Offender Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 31, 1977.

Attorney(s) appearing for the Case

William M. Kunstler, New York City, Louis G. Carres, Tallahassee, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Anthony C. Musto, West Palm Beach Fla., for respondent-appellee.

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

DUMBAULD, Senior District Judge.

Appellant, Ben Chaney, sought habeas corpus, which was denied by the District Court for the Southern District of Florida. He is serving three life sentences under Florida convictions for participation in three murders.1 He was found guilty, in each instance, of first degree murder, under a "felony-murder" statute. Florida law classifies as first degree murder a killing "committed by a person engaged in...

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