HICKS v. WAINWRIGHT

No. 80-5097 Summary Calendar.

633 F.2d 1146 (1981)

Odell Aaron HICKS, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

January 5, 1981.


Attorney(s) appearing for the Case

Calvin L. Fox, Asst. Atty. Gen. of Fla., Miami, Fla., for respondent-appellant.

Elliot H. Scherker, Asst. Public Defender, Miami, Fla., for petitioner-appellee.

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


RONEY, Circuit Judge:

This is an appeal from the grant of a writ of habeas corpus under 28 U.S.C.A. § 2254. Although mindful of the difficulties which confront state trial judges in managing busy dockets, especially in the handling of professional witnesses and in the recalcitrance of some counsel, we nevertheless agree with the district court that the denial of a continuance in this case prevented petitioner from presenting his only expert witness on his insanity...

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