TURNQUEST v. WAINWRIGHT

No. 80-5305.

651 F.2d 331 (1981)

Vernal Amtri TURNQUEST, Petitioner-Appellee, v. Louie L. WAINWRIGHT, as Secretary, Department of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

July 20, 1981.


Attorney(s) appearing for the Case

Anthony C. Musto, Asst. Atty. Gen., Alan T. Lipson, Miami, Fla., for respondent-appellant.

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

Before TUTTLE, RONEY and ANDERSON, Circuit Judges.


RONEY, Circuit Judge:

The sole issue presented on appeal is whether the district court properly held that defendant was denied effective assistance of counsel because his attorney had a conflict of interest in representing him jointly with the codefendant. We affirm the grant of habeas corpus relief.

The facts are not in dispute. Defendant Vernal Turnquest and codefendant Henry Smith were prosecuted for the 1972 armed robbery of a convenience food store in...

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