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FRANCOIS v. KLEIN

No. 62883.

431 So.2d 165 (1983)

Marvin FRANCOIS, Petitioner, v. Herbert M. KLEIN, Circuit Judge of the Eleventh Judicial Circuit, in and for Dade County, Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied June 1, 1983.

Attorney(s) appearing for the Case

Joel N. Rosenthal, Miami, for petitioner.

Jim Smith, Atty. Gen., George R. Georgieff, Asst. Deputy Atty. Gen., Tallahassee, and Calvin L. Fox, Asst. Atty. Gen., Miami, for respondent.

BOYD, Justice.

This cause is before the Court on petition for a writ of mandamus. Marvin Francois, a state prisoner under sentence of death, petitioned this Court for a writ of habeas corpus, asserting that he had received ineffective assistance of counsel on his original appeal, previously decided by this Court.1 Prior to the filing of the habeas petition, Francois had filed a motion for post-conviction relief in the court in which he...

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