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SMITH v. DUGGER

No. 89-3494.

911 F.2d 494 (1990)

Jimmy Lee SMITH, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 30, 1990.

Attorney(s) appearing for the Case

Gregg D. Thomas, Steven L. Brannock, Carol Jean LoCicero, Holland & Knight, Tampa, Fla., Sarah M. Bleakley, Tallahassee, Fla., for petitioner-appellant.

Robert A. Butterworth, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellee.

Before KRAVITCH, JOHNSON and HATCHETT, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 30, 1990.

PER CURIAM:

In this capital sentence case, we review the district court's refusal to grant the appellant, Jimmy Lee Smith, the writ of habeas corpus, despite the directions of our mandate and its finding, after an evidentiary hearing, that Smith's counsel unreasonably failed to move to suppress Smith's confessions. We reverse and remand with directions that the district court grant the writ of habeas...

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