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O'BERRY v. WAINWRIGHT

No. 75-2568.

546 F.2d 1204 (1977)

Charles Wesley O'BERRY, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 10, 1977.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Stephen R. Koons, Harry M. Hipler, Asst. Attys. Gen., West Palm Beach, Fla., for respondent-appellant.

Daniel S. Pearson (Court-appointed), Miami, Fla., for petitioner-appellee.

Before BROWN, Chief Judge, and JONES and GOLDBERG, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 10, 1977.

JOHN R. BROWN, Chief Judge:

The State of Florida appeals from the grant of a writ of habeas corpus to Charles Wesley O'Berry (Petitioner). The writ was granted by the District Court for the Southern District of Florida on the grounds that evidence obtained as a result of an unconstitutional search of Petitioner's automobile was introduced at Petitioner's trial. Since we find that Petitioner received a...

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