PHILLIPS v. WAINWRIGHT

No. 79-1046.

624 F.2d 585 (1980)

Myrtle L. PHILLIPS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, as Secretary, Department of Offender Rehabilitation, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 20, 1980.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Elliot H. Scherker, Asst. Public Defender, Eleventh Judicial Circuit of Fla., Miami, Fla., for petitioner-appellant.

Steven R. Jacob, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before COLEMAN, Chief Judge, TJOFLAT and HILL, Circuit Judges.


TJOFLAT, Circuit Judge:

Myrtle L. Phillips was convicted of second degree murder in March 1976 after a jury trial in a Florida state court. She was sentenced to imprisonment for life. Following an unsuccessful appeal, she brought this habeas corpus proceeding, pursuant to 28 U.S.C. § 2254 (1976), in the district court. Phillips' petition challenges the constitutional permissibility of the Florida trial court's refusal to admit into evidence expert testimony that...

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