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SMITH v. WAINWRIGHT

No. 85-3943.

799 F.2d 1442 (1986)

Dennis Wayne SMITH, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary Florida Department of Offender Rehabilitation, Charles G. Strickland, Jr., Superintendent of Florida State Prison at Starke, Florida, and Jim Smith, The Attorney General of the State of Florida, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 8, 1986.

Attorney(s) appearing for the Case

Theda R. James, Asst. Atty. Gen., Tampa, Fla., for respondents-appellants.

Patrick D. Doherty, Clearwater, Fla., Sondra Goldenfarb, Office of Capital Collateral Repre., St. Petersburg, Fla., for petitioner-appellee.

Before RONEY, Chief Judge, HILL and CLARK, Circuit Judges.

PER CURIAM:

The state appeals from the judgment of the district court granting the writ of habeas corpus in favor of petitioner Dennis Wayne Smith. The district court's judgment came after a hearing conducted by that court after its prior judgment had been vacated and the case remanded for such a hearing. Smith v. Wainwright, 741 F.2d 1248 (11th Cir.1984). The facts and background of proceedings in this matter are set out in...

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