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CRUTCHFIELD v. WAINWRIGHT

No. 84-3508.

772 F.2d 839 (1985)

Barney Earl CRUTCHFIELD, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Jim Smith, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 3, 1985.

Attorney(s) appearing for the Case

Thomas H. Bateman, III, Dept. of Legal Affairs, Tallahassee, Fla., for respondents-appellants.

Gwendolyn Spivey, Tallahassee, Fla., for petitioner-appellee.

Before HILL and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

GARZA, Senior Circuit Judge:

Louie L. Wainwright, as Secretary of the Florida Department of Corrections, and Jim Smith, as Attorney General of Florida, (referred to jointly as "the State") appeal from an order of the United States District Court for the Northern District of Florida. In that order, the court below adopted the magistrate's report and recommendation that a writ of habeas corpus issue in favor of Barney Earl Crutchfield. Finding that the court below applied...

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