STOKES v. SINGLETARY

Nos. 89-3180, 89-3493.

952 F.2d 1567 (1992)

Durham Eldon STOKES, Petitioner-Appellant, v. Harry K. SINGLETARY, Jr., Florida Department of Corrections; and Robert A. Butterworth, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 27, 1992.


Attorney(s) appearing for the Case

Thomas C. MacDonald, Jr., Tampa, Fla. (court appointed), for petitioner-appellant.

Margene A. Roper, Belle B. Turner, Asst. Attys. Gen., Daytona Beach, Fla., for respondents-appellees.

Before COX and BIRCH, Circuit Judges, and GIBSON, Senior Circuit Judge.


BIRCH, Circuit Judge:

This habeas corpus petition requires examination of an inculpatory confession taken without the presence of counsel after counsel had been appointed, and admitted into evidence at the trial resulting in petitioner's conviction. Approving the magistrate's report and recommendation, the district court determined that petitioner knowingly and voluntarily waived his right to counsel prior to his confession, and that his confession was not the result...

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