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ORAZIO v. DUGGER

No. 88-3389.

876 F.2d 1508 (1989)

Anthony ORAZIO, Petitioner-Appellant, Cross-Appellee, v. Richard L. DUGGER, Robert A. Butterworth, Respondents-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 11, 1989.

Attorney(s) appearing for the Case

Anthony Martinez, Asst. Federal Public Defender, Tampa, Fla., for petitioner-appellant, cross-appellee.

James A. Young, Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, Fla., for respondents-appellees, cross-appellants.

Before JOHNSON and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

This is an appeal from the denial of a petition for the writ of habeas corpus, following a hearing before a United States magistrate, whose report and recommendation recommended the grant of the petition.

I. STATEMENT OF THE CASE

Orazio was convicted of several state offenses. Prior to the trial, the assistant state public defender, who had been appointed by the state trial judge to represent Orazio, filed a motion to...

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