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STANO v. DUGGER

No. 87-3588.

901 F.2d 898 (1990)

Gerald Eugene STANO, Petitioner-Appellant, v. Richard L. DUGGER, Robert A. Butterworth, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 1, 1990.

Attorney(s) appearing for the Case

Mark Evan Olive, Georgia Resource Center, Inc., Atlanta, Ga., for petitioner-appellant.

Robert A. Butterworth, Atty. Gen. and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, Fla., for respondents-appellees.

Before TJOFLAT, Chief Judge, and FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges.

ANDERSON, Circuit Judge:

We review this case in banc primarily to give further consideration to two of Stano's claims: his claim under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); and his claim under United States v. Henry, 447 U.S. 264, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980).

Stano's first trial ended in a...

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