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O'BRIEN v. WAINWRIGHT

No. 82-5961.

738 F.2d 1139 (1984)

James J. O'BRIEN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 9, 1984.

Attorney(s) appearing for the Case

Seneca B. Anderson (court-appointed), Tallahassee, Fla., for appellant.

Wallace E. Allbritton, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for appellee.

Before RONEY, FAY and CLARK, Circuit Judges.

RONEY, Circuit Judge:

James O'Brien filed a petition for habeas corpus relief challenging his Florida conviction for first degree murder, burglary, attempted murder, conspiracy, aggravated assault, and use of a firearm in the commission of a felony. O'Brien contends: (1) that an in-court identification was based on an irreparably suggestive pretrial photographic identification and preliminary hearing that violated his due process rights; (2) evidence of his refusal...

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