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HENRY v. WAINWRIGHT

No. 84-3647.

743 F.2d 761 (1984)

James Dupree HENRY, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 19, 1984.

Attorney(s) appearing for the Case

Richard H. Burr, III, West Palm Beach, Fla., for petitioner-appellant.

Jim Smith, Atty. Gen., Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondent-appellee.

Before HILL, KRAVITCH and ANDERSON, Circuit Judges.

BY THE COURT:

Petitioner, James Dupree Henry, is under sentence of the state courts of Florida to be executed for the murder of Zellie L. Riley in 1974. The petition for writ of habeas corpus, 28 U.S.C. § 2254, here under consideration is a successive petition. See Henry v. Wainwright, 661 F.2d 56 (5th Cir., Unit B 1981), cert. granted and case vacated and remanded for reconsideration...

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