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GUNSBY v. WAINWRIGHT

No. 78-2364.

596 F.2d 654 (1979)

Earl GUNSBY, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Charles Corces, Jr., Asst. Atty. Gen., Tampa, Fla., for respondent-appellant.

J. Richard Rahter, St. Petersburg, Fla. (Court-appointed), for petitioner-appellee.

Before THORNBERRY, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This case involves the proper application of Hutto v. Ross, 429 U.S. 28, 97 S.Ct. 202, 50 L.Ed.2d 194 (1976), to the admissibility of (1) a statement made by a defendant to the prosecutor, and (2) a deposition taken of the defendant under subpoena from a codefendant, both after a plea bargain, which was later set aside at the Government's request. After an evidentiary hearing, the district court held that...

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