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HUFFMAN v. WAINWRIGHT

No. 80-5237.

651 F.2d 347 (1981)

David HUFFMAN, Petitioner, v. Louie L. WAINWRIGHT, Secretary, The Department of Offender Rehabilitation, et al., Respondents.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied September 9, 1981.

Attorney(s) appearing for the Case

David Huffman, pro se.

Claude H. Tison, Jr., Tampa, Fla., for petitioner.

Jim Smith, Atty. Gen., Tallahassee, Fla., Michael A. Palecki, Michael J. Kotler, Asst. Attys. Gen., Tampa, Fla., for respondents.

Before TUTTLE, RONEY and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 9, 1981.

PER CURIAM:

David Huffman was probably convicted by an unconstitutionally selected jury. At issue on this appeal is whether the federal courts are barred from reviewing Huffman's conviction in habeas corpus proceedings under the law governing waiver as stated in Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), and cases of this Circuit. Because...

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