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DELAP v. DUGGER

Nos. 88-3393, 88-3404.

890 F.2d 285 (1989)

David Ross DELAP, Sr., Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Department of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 20, 1989.

Attorney(s) appearing for the Case

Richard G. Bartmon, Joan Fowler, Asst. Attys. Gen., West Palm Beach, Fla., for Dugger.

Janet Munn, Steel Hector & Davis, Gerry S. Gibson, Greg Anderson, Miami, Fla., for Delap.

Before FAY, VANCE and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Petitioner David Ross Delap, Sr. and Respondent Richard L. Dugger both appeal the district court's conditional grant of Delap's petition for a writ of habeas corpus. For the reasons set forth below, we affirm.

I. BACKGROUND

A. Facts

On June 30, 1975, Paula Etheridge was seen washing clothes at a laundromat in Okeechobee, Florida, at approximately 4:00 p.m. She was wearing a red top, light colored shorts,...

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