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CLARK v. WAINWRIGHT

No. 82-5192.

701 F.2d 895 (1983)

Charlie B. CLARK, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 28, 1983.

Attorney(s) appearing for the Case

Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellant.

Robyn Hermann, Federal Public Defender, Miami, Fla., for petitioner-appellee.

Before FAY and CLARK, Circuit Judges, and MARKEY, Chief Judge.

FAY, Circuit Judge:

Louie Wainwright, Secretary of the Florida Department of Offender Rehabilitation, appeals the district court's order granting the petition for writ of habeas corpus of State prisoner, Charlie Clark. Wainwright, hereinafter State, contends that the district court failed to address the question of whether petitioner Clark's claims were barred from federal court consideration by the State procedural default doctrine enunciated in Wainwright v....

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