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WALLACE v. TURNER

No. 81-6225.

695 F.2d 545 (1983)

Abraham WALLACE, Petitioner-Appellee, v. R.V. TURNER, Superintendent, Glades Correction Institute, and the Attorney General of Florida, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied May 9, 1983.

Attorney(s) appearing for the Case

Steven R. Jacob, Asst. Atty. Gen., Florida Regional Service Center, Miami, Fla., for respondents-appellants.

Harvey S. Swickle, North Miami Beach, Fla., for Wallace.

Before RONEY, TJOFLAT and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 9, 1983.

RONEY, Circuit Judge:

The district court granted habeas corpus relief to Abraham Wallace on the ground that a state trial court violated his constitutional right to due process by accepting a plea of nolo contendere to a charge of second degree murder on proffered evidence that the state court thought would support only a manslaughter conviction. Wallace...

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