DARDEN v. WAINWRIGHT

No. 79-566 Civ-T-H.

513 F.Supp. 947 (1981)

Willie Jasper DARDEN, Petitioner, v. Louie L. WAINWRIGHT, Secretary of Department of Offender Rehabilitation, State of Florida, Respondent.

United States District Court, M. D. Florida, Tampa Division.

May 8, 1981.


Attorney(s) appearing for the Case

Robert Augustus Harper, Jr., Gainesville, Fla., for petitioner.

Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondent.


MEMORANDUM OPINION

HODGES, District Judge.

Willie Jasper Darden, a Florida prisoner under sentence of death, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition was referred to a United States Magistrate who conducted an evidentiary hearing and subsequently rendered a Report and Recommendation that relief be granted on two grounds. The parties filed their respective objections...

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