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YORDAN v. DUGGER

No. 88-3094.

909 F.2d 474 (1990)

Luis YORDAN, # 094439 Petitioner-Appellant, v. Richard L. DUGGER, Secretary of Florida Department of Corrections, Robert Butterworth, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 21, 1990.

Attorney(s) appearing for the Case

James M. Russ, Orlando, Fla., for petitioner-appellant.

Fleming Lee, Daytona Beach, Fla., for respondents-appellees.

Before KRAVITCH and CLARK, Circuit Judges, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge:

The appellant Luis Yordan appeals from a district court order denying his motion for a writ of habeas corpus. 28 U.S.C. § 2254. Because the appellant was arguably denied effective assistance of counsel when he was advised to plead guilty to certain sexual battery charges in state court, and because the district court incorrectly concluded that the appellant's involuntary plea claim was procedurally barred, we REVERSE the...

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