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SMITH v. WAINWRIGHT

No. 83-3690.

741 F.2d 1248 (1984)

Dennis Wayne SMITH, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary of Florida Department of Offender Rehabilitation, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 31, 1984.

Attorney(s) appearing for the Case

Sondra Goldenfarb, Patrick D. Doherty, Clearwater, Fla., for petitioner-appellant.

Theda James Davis, Asst. Atty. Gen., Tampa, Fla., for respondents-appellees.

Before RONEY and HILL, Circuit Judges, and TUTTLE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 31, 1984.

JAMES C. HILL, Circuit Judge:

Dennis Wayne Smith appeals to this court from the order of the district court denying his petition for a writ of habeas corpus. We affirm the district court's judgment in part; however, concluding that Smith should have received a hearing on some of his claims of constitutional error, we vacate in part and remand.

Smith was tried and convicted in a Florida court...

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