MILLER v. DUGGER

Nos. 85-3175, 85-3185.

820 F.2d 1135 (1987)

Earnest Lee MILLER, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Offender Rehabilitation; Thomas Barton, Superintendent of Florida State Prison, Starke, Florida; and Robert A. Butterworth, Attorney General of the State of Florida, Respondents-Appellees. William Riley JENT, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Offender Rehabilitation; Thomas Barton, Superintendent of Florida State Prison, Starke, Florida; and Robert A. Butterworth, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 12, 1987.


Attorney(s) appearing for the Case

Howardene Garrett, Tampa, Fla., Steptoe & Johnson, Deborah D. Kennedy, Lorna R. Franklin and David L. Roll, Washington, D.C., and Eleanor Jackson Piel, New York City, for petitioners-appellants.

William I. Munsey, Jr., Davis G. Anderson, Jr. and Michael M. Kotler, Asst. Attys. Gen., Tampa, Fla., for respondents-appellees.

Before RONEY, Chief Judge, FAY and JOHNSON, Circuit Judges.


PER CURIAM:

In Miller v. Wainwright, 798 F.2d 426 (11th Cir.1986), this Court vacated a denial of habeas corpus relief and remanded this capital case to the district court for reconsideration of three issues under the correct legal standards as well as all other claims in light of new information being developed in this case. In particular, this Court ordered the district court to review the grand jury testimony of the three...

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