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MARTINEZ v. WAINWRIGHT

No. 79-2605.

621 F.2d 184 (1980)

Victor Manuel MARTINEZ, Petitioner-Appellee, v. Louie L. WAINWRIGHT, etc., Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 21, 1980.

Attorney(s) appearing for the Case

Paul Mendelson, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Thomas Almon, Jr., Miami, Fla., for petitioner-appellee.

Before JONES, GEE and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

Victor Martinez was convicted by a Florida jury of second degree murder and sentenced by the court to life imprisonment in the state penitentiary. His conviction and sentence was affirmed by the Florida appellate courts, Martinez v. State, 346 So.2d 1209 (Fla. 3rd Dist.Ct.App.1977), cert. denied, 354 So.2d 983 (Fla.1978).

Martinez filed a petition...

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