STANO v. DUGGER

No. 88-3375.

889 F.2d 962 (1989)

Gerald Eugene STANO, Petitioner-Appellant, Cross-Appellee, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Amended December 12, 1989.


Attorney(s) appearing for the Case

Mark E. Olive, Georgia Resource Center, Inc., Atlanta, Ga., for petitioner-appellant, cross-appellee.

Margene A. Roper, Belle Turner, Asst. Attys. Gen., Daytona Beach, Fla., for respondent-appellee, cross-appellant.

Before TJOFLAT, Chief Judge, FAY and JOHNSON, Circuit Judges.


TJOFLAT, Chief Judge:

In this case, Gerald Eugene Stano appeals from the district court's denial of his petition for a writ of habeas corpus. Because we conclude that the State of Florida violated Stano's rights under the sixth and fourteenth amendments to the United States Constitution, we reverse the district court and direct that, on receipt of our mandate, the district court grant Stano's petition.

I.

On August 15, 1982, Stano confessed to the...

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