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WITT v. WAINWRIGHT

No. 85-3137.

755 F.2d 1396 (1985)

Johnny Paul WITT, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, Jim Smith, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 4, 1985.

Attorney(s) appearing for the Case

William C. McLain, James Marion Moorman, Asst. Pub. Defenders, Bartow, Fla., for petitioner-appellant.

Jim Smith, Atty. Gen., Robert J. Landry, Asst. Atty. Gen., Tampa, Fla., for respondents-appellees.

Before RONEY, FAY and JOHNSON, Circuit Judges.

BY THE COURT:

Petitioner Johnny Paul Witt appeals from an order of the United States District Court for the Middle District of Florida, Tampa Division, dated March 1, 1985, denying his petition for writ of habeas corpus and motion for stay of execution, and denying his application for certificate of probable cause to appeal to this Court.

The district court's denial of the petition for writ of habeas corpus was based on the conclusion that both claims Witt...

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