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MILLER v. WAINWRIGHT

Nos. 85-3175, 85-3185.

798 F.2d 426 (1986)

Earnest Lee MILLER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Offender Rehabilitation; Richard Dugger, Superintendent Florida State Prison, Starke, Florida; and Jim Smith, Attorney General of the State of Florida, Respondents-Appellees. William Riley JENT, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary Florida Department of Offender Rehabilitation; Charles G. Strickland, Jr., Superintendent of Florida State Prison, Starke, Florida; and Jim Smith, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied September 26, 1986.

Attorney(s) appearing for the Case

Howardene Garrett, Tampa, Fla., Deborah D. Kennedy and David L. Roll, Washington, D.C., for Earnest Lee Miller.

William I. Munsey, Jr., and Davis G. Anderson, Jr., Asst. Attys. Gen., for respondents-appellees in No. 85-3175.

Eleanor Jackson Piel, New York City, for William Riley Jent.

Michael M. Kotler, Asst. Atty. Gen., Tampa, Fla., for respondents-appellees in No. 85-3185.

Before RONEY, FAY and JOHNSON, Circuit Judges.

CORRECTED OPINION

PER CURIAM:

Petitioners William Riley Jent and Earnest Lee Miller appeal from the district court's denial of their habeas corpus petitions challenging their state convictions and death sentences for first degree murder. These cases are complicated because of the existence of continuing collateral activities and proceedings in both the state courts, and the federal district court in which these petitions were heard. To consider and finally...

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