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BENNETT v. FORTNER

No. 87-3673.

863 F.2d 804 (1989)

William Henry BENNETT, Petitioner-Appellant, v. G.S. FORTNER, Superintendent, Robert A. Butterworth, Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 17, 1989.

Attorney(s) appearing for the Case

A. Thomas Mihok, Orlando, Fla., for petitioner-appellant.

Robert A. Butterworth, Atty. Gen., W. Brian Bayly, Belle B. Turner, Asst. Atty. Gen., Daytona Beach, Fla., for respondents-appellees.

Before RONEY, Chief Judge, COX, Circuit Judge, and MORGAN, Senior Circuit Judge.

MORGAN, Senior Circuit Judge:

The appellant, William Henry Bennett, is currently incarcerated in a Florida state prison on a conviction for solicitation to commit first degree murder. He was sentenced to thirty years in prison. After his conviction was affirmed on appeal, Bennett filed a motion for post-conviction relief in the state trial court pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure claiming ineffective assistance of counsel. In his petition...

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