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HENRY v. WAINWRIGHT

No. 80-5184.

721 F.2d 990 (1983)

James Dupree HENRY, Petitioner-Appellee, Cross-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Respondent-Appellant, Cross-Appellee.

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

December 13, 1983.

Attorney(s) appearing for the Case

Wallace E. Allbritton, Charles A. Stampelos, Tallahassee, Fla., for respondent-appellant, cross-appellee.

Craig S. Barnard, Chief Asst. Public Defender, West Palm Beach, Fla., for petitioner-appellee, cross-appellant.

Before HILL, HENDERSON and SMITH, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

JAMES C. HILL, Circuit Judge:

In this case, we review the order of the district court granting appellee James Dupree Henry's petition for a writ of habeas corpus. This panel previously decided and affirmed this case sitting as the United States Court of Appeals for the Fifth Circuit (Unit B), see Henry v. Wainwright, 661 F.2d 56 (5th Cir.1981) (Henry I)...

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