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SMITH v. WAINWRIGHT

No. 84-3448.

737 F.2d 1036 (1984)

Jimmy Lee SMITH, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 12, 1984.

Attorney(s) appearing for the Case

Sarah M. Bleakley, Tallahassee, Fla., Gregg D. Thomas, Tampa, Fla., for petitioner-appellant.

John Tiedemann, Asst. Atty. Gen. of Florida, Tallahassee, Fla., for respondent-appellee.

Before TJOFLAT, KRAVITCH and HENDERSON, Circuit Judges.

BY THE COURT:

This case is before the court on petitioner's application for a certificate of probable cause and, if we grant the certificate, a stay of execution pending the disposition of petitioner's appeal.

Petitioner was scheduled for execution at 7:00 A.M. today; late yesterday, we stayed his execution so that we could hear argument of counsel this morning as to whether petitioner should be granted a certificate of probable cause and stay pending appeal...

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