FOOTMAN v. SINGLETARY

No. 91-5213.

978 F.2d 1207 (1992)

William Earl FOOTMAN, Petitioner-Appellant, v. Harry K. SINGLETARY, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 7, 1992.


Attorney(s) appearing for the Case

Alison Marie Igoe, Asst. Federal Public Defender, Miami, Fla., for petitioner-appellant.

Joan Fowler, Asst. Atty. Gen., Dept. of Legal Affairs, West Palm Beach, Fla., for respondent-appellee.

Before DUBINA and BLACK, Circuit Judges, and HENDERSON, Senior Circuit Judge.


DUBINA, Circuit Judge:

After finding that the petitioner's federal habeas corpus petition alleged instances of ineffective assistance of counsel that were not alleged in his state court post-conviction motion, the United States District Court for the Southern District of Florida dismissed the petition as a mixed petition containing both exhausted and unexhausted state claims. While we agree with the district court's statement of the law, we disagree with the court...

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