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AGAN v. SINGLETARY

No. 92-2442.

12 F.3d 1012 (1994)

James AGAN, Petitioner-Appellee, v. Harry K. SINGLETARY, Jr., Robert A. Butterworth, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 11, 1994.

Attorney(s) appearing for the Case

Mark C. Menser, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL, for respondents-appellants.

Larry Helm Spalding, Martin McClain, Gail E. Anderson, Office of the Capital Collateral Representative, Tallahassee, FL, for petitioner-appellee.

Before FAY, ANDERSON and EDMONDSON, Circuit Judges.

ORDER:

The court, sua sponte, issues the revised opinion attached.

FAY, Circuit Judge:

The State of Florida appeals the grant of James Agan's petition for writ of habeas corpus. We hold that the District Court for the Middle District of Florida properly issued the writ. Accordingly, we AFFIRM.

I. PROCEDURAL HISTORY

On September 19, 1980, James Agan ("Agan") plead guilty to the murder of a fellow inmate, Dana DeWitt ("DeWitt...

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