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WASHINGTON v. STRICKLAND

No. 81-5379.

693 F.2d 1243 (1982)

David Leroy WASHINGTON, Petitioner-Appellant, v. Charles E. STRICKLAND, Superintendent, Florida State Prison, Jim Smith, Attorney General of the State of Florida, and Louie L. Wainwright, Secretary of Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B.

December 23, 1982.

Attorney(s) appearing for the Case

Richard E. Shapiro, New Orleans, La., for petitioner-appellant.

Calvin Fox, Asst. Atty. Gen., Miami, Fla., for respondents-appellees.

Nicholas G. Dumich, Asst. Atty. Gen., Atlanta, Ga., for amicus curiae State of Ga.

Ed Carnes, Asst. Alabama Atty. Gen., Montgomery, Ala., for amicus curiae State of Ala.

Rene I. Salomon, Asst. Atty. Gen., Baton Rouge, La., for amicus curiae State of La.

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., HENDERSON, ANDERSON and THOMAS A. CLARK, Circuit Judges.

PER CURIAM:

There follows the opinion of Judge Vance concurred in by Chief Judge Godbold and Judges Kravitch and Henderson. Judge Tjoflat specially concurs by separate opinion in which Judge Clark concurs in part. By separate opinion Judge Johnson joined by Judge Anderson concurs in the substantive portions (Parts I, II-A, III-A, III-B and III-C) of Judge Vance's opinion, but dissents from Parts II-B and III-D, which relate to the disposition of this specific case...

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