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BROWN v. DUGGER

No. 85-6082.

831 F.2d 1547 (1987)

Henry BROWN, Petitioner-Appellee, v. Richard L. DUGGER, as Secretary, Department of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 13, 1987.

Attorney(s) appearing for the Case

Michael J. Neimand, Asst. Atty. Gen., Dept. of Legal Affairs, Miami, Fla., for respondent-appellant.

Karen M. Gottlieb, Office of Public Defender, State of Fla., Miami, Fla., for petitioner-appellee.

Before CLARK, EDMONDSON and KEITH, Circuit Judges.

KEITH, Circuit Judge:

Richard L. Dugger, Secretary of the Florida Department of Corrections (hereinafter referred to as "the state"), appeals the district court's grant of habeas corpus relief to petitioner Henry Brown ("petitioner"). We affirm.

I.

PROCEDURAL HISTORY

On October 10, 1973, petitioner was charged with first degree murder. The first trial ended in mistrial after the jury was unable to reach a verdict. At the end of the second...

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