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HARGRAVE v. WAINWRIGHT

No. 84-5102.

804 F.2d 1182 (1986)

Lenson A. HARGRAVE, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Granted January 26, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Elliot H. Scherker, Asst. Public Defender, Miami, Fla., for petitioner-appellant.

Jim Smith, Atty. Gen. of Fla., Carolyn Snurkowski, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, Senior District Judge.

Rehearing En Banc Granted January 26, 1987.*

TJOFLAT, Circuit Judge:

Petitioner, Lenson A. Hargrave, who was found guilty of first degree murder by a Florida jury and sentenced to death, presents three issues in this appeal from a federal district court's denial of his petition for writ of habeas corpus: (1) whether petitioner's eighth amendment right against cruel and unusual punishment...

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