MILLER v. DUGGER

No. 86-3405.

838 F.2d 1530 (1988)

Jon S. MILLER, Petitioner-Appellant, Cross-Appellee, v. Richard L. DUGGER, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 10, 1988.


Attorney(s) appearing for the Case

John A. Tucker, IV, Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Jacksonville, Fla., for petitioner-appellant, cross-appellee.

Robert J. Krauss, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee, cross-appellant.

Before TJOFLAT and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

I.

Jon Miller, the petitioner and appellant in this case, was released from jail in Lee County, Florida, on December 22, 1970.1 That afternoon, Miller took a taxi driven by Margaret Louise Sessions from downtown Fort Myers to Fort Myers Beach. At the Beach Marina, Miller purchased from Stancil Ollis a stainless steel fillet knife with a six- to eight-inch blade. Miller's behavior raised suspicions in...

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