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McNAIR v. DUGGER

No. 88-3297.

866 F.2d 399 (1989)

Rickie N. McNAIR, # 092673, Petitioner-Appellee, v. Richard L. DUGGER, Secretary, Dept. of Corrections, Robert Butterworth, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 23, 1989.

Attorney(s) appearing for the Case

Alan Overton, Asst. Atty. Gen., Joseph R. Bryant, Asst. Atty. Gen., Tampa, Fla., for respondents-appellants.

Howard Shifke, Tampa, Fla., for petitioner-appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and GIBSON, Senior Circuit Judge.

PER CURIAM:

The State of Florida appeals from the district court's grant of Rickie N. McNair's petition for a writ of habeas corpus. See McNair v. Dugger, 682 F.Supp. 511 (M.D.Fla. 1988). We conclude that the writ was granted improvidently.

I.

In 1983, petitioner was charged with first-degree murder in Polk County, Florida. Previously, while under arrest in Georgia, petitioner had retained the legal services...

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