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AGAN v. DUGGER

No. 87-3448.

835 F.2d 1337 (1987)

James AGAN, Petitioner-Appellant, v. Richard L. DUGGER, Robert Butterworth, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied February 5, 1988.

Attorney(s) appearing for the Case

Mark E. Olive, Asst. Capital Collateral Representative, Tallahassee, Fla., for petitioner-appellant.

Robert A. Butterworth, Atty. Gen., State of Fla., Mark C. Menser, Asst. Atty. Gen., Dept. of Legal Affairs, Carolyn Shurkowski, Tallahassee, Fla., for respondents-appellees.

Before FAY, VANCE and ANDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 5, 1988.

FAY, Circuit Judge:

Death row inmate James Agan appeals the denial of his petition for writ of habeas corpus. We find that there should have been an evidentiary hearing on Agan's claims of incompetence and of ineffectiveness of counsel, and we remand this case for a hearing on these issues.

THE NEED FOR AN EVIDENTIARY HEARING

Case law clearly establishes that [w]here the...

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