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PRICE v. WAINWRIGHT

No. 83-3447.

759 F.2d 1549 (1985)

Floyd PRICE, Petitioner-Appellant, v. Louie L. WAINWRIGHT and Jim Smith, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 13, 1985.

Attorney(s) appearing for the Case

John D. Middleton, Gainesville, Fla., for petitioner-appellant.

Margene Roper, Asst. Atty. Gen., Port Orange, Fla., for respondents-appellees.

Before RONEY and CLARK, Circuit Judges, and SIMPSON, Senior Circuit Judge.

RONEY, Circuit Judge:

Asserting that he was not competent to stand trial at the time he pled guilty to first degree murder in Florida, Floyd Donald Price appeals the denial of habeas corpus relief from his life sentence. Although there may be some question as to whether the district court properly applied the 28 U.S.C.A. § 2254(d) presumption of correctness to the state court's finding of competency, an independent...

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