SPINKELLINK v. WAINWRIGHT

No. 77-2940.

578 F.2d 582 (1978)

John A. SPINKELLINK, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Offender Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 1978.


Attorney(s) appearing for the Case

Andrew A. Graham, Cocoa, Fla., Jack Greenberg, James M. Nabrit, III, David E. Kendall, Joel Berger, New York City, Anthony G. Amsterdam, Stanford University Law School, Stanford, Cal., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Raymond L. Marky, George R. Georgieff, Richard W. Prospect, Charles W. Musgrove, Asst. Attys. Gen., Tallahassee, Fla., for respondent-appellee.

Before BROWN, Chief Judge, AINSWORTH and VANCE, Circuit Judges.


AINSWORTH, Circuit Judge:

This case involves the petition for a writ of habeas corpus by a Florida state inmate under sentence of death. On February 4, 1973, petitioner John A. Spenkelink, a 24-year-old white male and twice convicted felon, who had escaped from a California correctional camp, murdered his traveling companion, Joseph J. Szymankiewicz, a white male, in their Tallahassee, Florida motel room. Spenkelink shot Szymankiewicz, who was asleep in bed, once...

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