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COOPER v. WAINWRIGHT

No. 85-3583.

807 F.2d 881 (1986)

Vernon Ray COOPER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Offender Rehabilitation, and C.S. Strickland, Superintendent, Florida State Prison at Starke, Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied January 27, 1987.

Attorney(s) appearing for the Case

Judith J. Dougherty, Tallahassee, Fla., Randy Hertz, New York University Law School, New York City, for petitioner-appellant.

Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Fla., for respondents-appellees.

Before TJOFLAT, VANCE and KRAVITCH, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 27, 1987.

TJOFLAT, Circuit Judge:

The principal question presented on this appeal is whether the district court properly applied the doctrine of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), and Murray v. Carrier, 477 U.S. 478, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986), in holding that petitioner is barred from...

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