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BRYAN v. WAINWRIGHT

No. 78-2004.

588 F.2d 1108 (1979)

John L. BRYAN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, etc., et al., etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 5, 1979.

Attorney(s) appearing for the Case

Dan R. Warren, Joseph T. Garlovsky, Daytona Beach, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., A. S. Johnston, Dept. of Legal Affairs, Miguel A. Olivella, Jr., Tallahassee, Fla., for respondent-appellee.

Before BROWN, Chief Judge, TUTTLE and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

John L. Bryan appeals here from the District Court's denial of relief under 28 U.S.C.A. § 2254. Two issues are raised: (1) whether Bryan's failure to comply with the Florida contemporaneous objection rule precludes federal relief, and (2) whether the failure of the Florida trial court specifically to define the phrase "depraved mind" in the course of instructing the jury violated Bryan's Constitutional right to a fair and impartial...

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