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PANZAVECCHIA v. WAINWRIGHT

No. 80-5984.

658 F.2d 337 (1981)

John PANZAVECCHIA, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

October 5, 1981.

Attorney(s) appearing for the Case

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

Leonard Moriber, North Miami, Fla., for petitioner-appellee.

Before HILL, Circuit Judge, SMITH, Judge, and HENDERSON, Circuit Judge.

HENDERSON, Circuit Judge:

Louie L. Wainwright, Secretary of the Department of Offender Rehabilitation of the State of Florida, appeals from the judgment of the United States District Court for the Southern District of Florida granting a writ of habeas corpus to the petitioner-appellee, John Panzavecchia, pursuant to the provisions of 28 U.S.C. § 2254 and remanding the case for a new trial on his murder charge. We agree with the district court that the evidence...

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