FERENC v. DUGGER

No. 88-3007.

867 F.2d 1301 (1989)

John M. FERENC, Petitioner-Appellee, v. Richard L. DUGGER, and Robert A. Butterworth, Attorney General, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 15, 1989.


Attorney(s) appearing for the Case

Sean Daly, Asst. Atty. Gen., Daytona Beach, Fla., for respondents-appellants.

Robert A. Leventhal, Orlando, Fla., for petitioner-appellee.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and HENDERSON, Senior Circuit Judge.


HENDERSON, Senior Circuit Judge:

This is an appeal from an order of the United States District Court for the Middle District of Florida granting federal habeas corpus relief to the petitioner, John Ferenc, pursuant to 28 U.S.C. § 2254. The sole issue on appeal is whether the doctrine of collateral estoppel precludes the State's use of evidence, previously suppressed on fourth amendment grounds in a prior state court...

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