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SMITH v. WAINWRIGHT

No. 84-3448.

777 F.2d 609 (1985)

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

United States Court of Appeals, Eleventh Circuit.

November 14, 1985.

Attorney(s) appearing for the Case

Sarah M. Bleakley, Tallahassee, Fla., Gregg D. Thomas, Holland & Knight, Tampa, Fla., Julian Clarkson, Tallahassee, Fla., for petitioner-appellant.

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

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

In this capital case, we review the district court's dismissal of appellant Jimmy Lee Smith's petition for writ of habeas corpus. We reverse and remand for an evidentiary hearing.

FACTS

On May 3, 1978, in Jackson County, Florida, law enforcement officers found the bodies of Bonnie Myrle Ward and her twelve-year old daughter, Donna Lynn Strickland. Their deaths occurred as the result of multiple stab wounds.

On May...

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