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OLIVER v. WAINWRIGHT

No. 84-5913.

782 F.2d 1521 (1986)

Eunice Marie OLIVER, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 24, 1986.

Attorney(s) appearing for the Case

Richard L. Polin, Atty. Gen., Miami, Fla., for respondent-appellant.

Rory S. Stein, Asst. Public Defender, Miami, Fla., for petitioner-appellee.

Before FAY and JOHNSON, Circuit Judges, and HOFFMAN, Senior District Judge.

PER CURIAM:

The only issue presented on appeal is whether Eunice Marie Oliver was denied effective assistance of counsel because of a conflict of interest that arose due to counsel's joint representation of Oliver and her co-defendant, Christopher Drayton. The district court found evidence of an actual conflict of interest and granted habeas corpus relief. We reverse.

Oliver and her boyfriend Drayton were charged with the second degree murder of Carolyn Cooper...

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