BOVA v. DUGGER

No. 87-6000.

858 F.2d 1539 (1988)

Frank Vincent BOVA, Petitioner-Appellee, v. Richard L. DUGGER, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 1, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Robert Jaegers, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellant.

Robert T. Adams, Jr., Marianna, Fla., for petitioner-appellee.

Before TJOFLAT, VANCE and COX, Circuit Judges.


PER CURIAM:

Bova filed a petition for writ of habeas corpus challenging his conviction of murder in state court on the ground that the trial court's denial of his counsel's request to consult with his client during a brief recess deprived him of his Sixth Amendment right to assistance of counsel. The district court granted relief, ordering that Bova be retried or discharged. We affirm.

Bova was indicted for the first degree murder of Patrick Pucci. The fact...

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