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GOODE v. WAINWRIGHT

No. 82-5244.

670 F.2d 941 (1982)

Arthur F. GOODE, III, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Offender Rehabilitation, and C. S. Strickland, Superintendent, Florida State Prison at Starke, Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 28, 1982.

Attorney(s) appearing for the Case

Wilbur C. Smith, III, Fort Meyers, Fla., for petitioner-appellant.

Charles Corces, Jr., Asst. Atty. Gen., Tampa, Fla., for respondents-appellees.

Before GODBOLD, Chief Judge, JOHNSON and ANDERSON, Circuit Judges.

GODBOLD, Chief Judge:

Petitioner is under sentence of death in Florida for first degree murder and is scheduled to be executed March 2, 1982, pursuant to a death warrant signed by the Governor of Florida on February 5, 1982.

The United States District Court for the Middle District of Florida denied a writ of habeas corpus February 25, 1982, granted a certificate of probable cause for appeal, and denied a stay of execution. Petitioner appealed to this court...

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