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HUTCHINS v. WAINWRIGHT

No. 83-5256.

715 F.2d 512 (1983)

Michael HUTCHINS, # 053170, Plaintiff-Appellee, v. Louis L. WAINWRIGHT, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied November 2, 1983.

Attorney(s) appearing for the Case

Penny H. Brill, Asst. Atty. Gen., Miami, Fla., for defendants-appellants.

Elliot H. Scherker, Asst. Public Defender, Miami, Fla., for plaintiff-appellee.

Before HILL, KRAVITCH and HENDERSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Petitioner, Michael Hutchins, was found guilty of armed robbery and assault with the intent to commit second degree murder. The conviction arose from Mr. Hutchins' robbery of a taxicab driver on July 17, 1975. The pivotal issue at trial was the identity of the perpetrator. The taxicab driver did identify the petitioner as the man who had robbed him. The only other evidence against the petitioner is the evidence which formed the basis...

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