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CHRISTOPHER v. STATE OF FLA.

Nos. 84-5521, 85-5220.

824 F.2d 836 (1987)

William D. CHRISTOPHER, Petitioner-Appellant, v. STATE OF FLORIDA, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 23, 1987.

Attorney(s) appearing for the Case

Joseph L. Daye, William H. Lefkowitz, John H. Pelzer, Thomas R. Bolf, Fort Lauderdale, Fla., for petitioner-appellant.

William E. Taylor, Katherine V. Blanco, Asst. Attys. Gen., Tampa, Fla., for respondent-appellee.

Before GODBOLD, KRAVITCH and HATCHETT, Circuit Judges.

KRAVITCH, Circuit Judge:

William D. Christopher, a Florida prisoner under sentence of death, appeals the denial by the district court of his petition for habeas corpus and also the denial of his motion for relief from the judgment, filed pursuant to Rule 60(b), Fed.R.Civ.P. We hold that petitioner is entitled to habeas relief. Accordingly, we reverse.

I. BACKGROUND

Bertha Skillin and George Ahern were shot to death in their Florida home. Christopher...

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