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TIFFORD v. WAINWRIGHT

No. 78-1741.

592 F.2d 233 (1979)

Arthur W. TIFFORD, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 28, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Robert L. Achor, Lawrence R. Metsch, Stanley A. Beiley, Shelby Highsmith, Miami, Fla., for petitioner-appellee.

Before CLARK, GEE and HILL, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

In Tifford v. Wainwright, 588 F.2d 954 (5th Cir. 1979), this court upheld the issuance of a writ of habeas corpus on the ground that State of Florida's refusal to grant Tifford's motion for severance made his trial fundamentally unfair. The Florida Court of Appeal had previously resolved the severance issue in the favor of the State. Tifford v. State, 334...

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