HITCHCOCK v. WAINWRIGHT

No. 83-3578.

745 F.2d 1332 (1984)

James Ernest HITCHCOCK, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Opinion on Granting Rehearing January 8, 1985.


Attorney(s) appearing for the Case

Richard B. Greene, Richard H. Burr, Public Defender of Florida, Craig Barnard, West Palm Beach, Fla., for petitioner-appellant.

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

Before RONEY and JOHNSON, Circuit Judges, and MORGAN, Senior Circuit Judge.


Opinion on Granting Rehearing En Banc January 8, 1985.

RONEY, Circuit Judge:

James Ernest Hitchcock was convicted and sentenced to death for the strangulation of his brother's thirteen-year-old step-daughter. After a direct appeal and post-conviction proceedings in the Florida state courts,1 Hitchcock petitioned in federal district court for a writ of habeas corpus. The district court denied the writ without an evidentiary hearing...

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