ABBOTT v. WAINWRIGHT

No. 79-2308.

616 F.2d 889 (1980)

Dalton ABBOTT, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 11, 1980.


Attorney(s) appearing for the Case

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

Richard M. Gale, Miami, Fla., for petitioner-appellee.

Before THORNBERRY, FRANK M. JOHNSON, Jr. and HENDERSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 11, 1980.

PER CURIAM:

In this appeal we must decide whether the district judge erred when he granted appellee's petition for habeas corpus relief under 28 U.S.C. § 2254 (1976) because the denial of his motion for a severance made his state trial fundamentally unfair. We affirm.

During 1974 the State of Florida filed a sixty-six count information charging S. K. Bronstein with sixty-four counts of larceny...

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