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FUNCHESS v. WAINWRIGHT

No. 84-3847.

772 F.2d 683 (1985)

David Livingston FUNCHESS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Dept. of Offender Rehabilitation, et al., Respondents-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 23, 1985.

Attorney(s) appearing for the Case

Andrew A. Graham, Reinman, Harrell, Silberhorn, Moule & Graham, Melbourne, Fla., for petitioner-appellant.

Carolyn M. Snurkowski, Richard E. Doran, Asst. Attys. Gen., for respondents-appellees.

Before RONEY, FAY and JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 23, 1985.

FAY, Circuit Judge:

In 1975, appellant David Funchess was convicted in Florida on two counts of first degree murder. He was given the death sentence on each count. After seeking relief from the state courts, appellant filed a petition for writ of habeas corpus in the Federal District Court for the Middle District of Florida. The district court denied the requested relief. On appeal, Funchess raises the...

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