JAMES v. WAINWRIGHT

No. 81-6017 Non-Argument Calendar.

680 F.2d 102 (1982)

Roosevelt JAMES, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 6, 1982.


Attorney(s) appearing for the Case

Roosevelt James, pro se.

Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

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


PER CURIAM:

This is a Florida habeas case by a prisoner convicted of second degree murder. Denial of the writ is AFFIRMED.

Primary evidence against petitioner in his jury trial was a transcript, read to the jury by the court reporter, of an eyewitness' testimony given nine months earlier at a preliminary hearing. The witness was sworn before testifying at the preliminary hearing and was subjected to cross-examination by petitioner's attorney. The witness died...

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