GRIZZELL v. WAINWRIGHT

No. 81-5044.

692 F.2d 722 (1982)

Alfred Eugene GRIZZELL, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 29, 1982.


Attorney(s) appearing for the Case

Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellant.

Howard W. Skinner, Asst. Fed. Public Defender, Jacksonville, Fla., for petitioner-appellee.

Before RONEY and KRAVITCH, Circuit Judges, and PITTMAN, District Judge.


RONEY, Circuit Judge:

This case turns on whether a state prosecutor's cross-examination of a defendant as to prior counselless felony convictions, admittedly a due process violation, constituted harmless error. The state courts held it to be harmless error. The federal district court held it was not and granted the petition for writ of habeas corpus under 28 U.S.C.A. § 2254. We affirm.

The question as to prior convictions was propounded on cross-examination...

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