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CRAIG v. SINGLETARY

No. 93-5123.

127 F.3d 1030 (1997)

Donald Lee CRAIG, Petitioner-Appellant, v. Harry K. SINGLETARY, Secretary Department of Corrections, State of Florida, Robert A. Butterworth, Attorney General, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 7, 1997.

Attorney(s) appearing for the Case

Paul M. Rashkind, Asst. Federal Public Defender, Miami, FL, for Petitioner-Appellant.

Robert Butterworth, Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL, Consuelo S. Maingot, Miami, FL, for Respondents-Appellees.

Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and GODBOLD, Senior Circuit Judge.

CARNES, Circuit Judge:

This case involves issues of probable cause and custody for Fourth Amendment purposes. In reversing the district court's denial of 28 U.S.C. § 2254 relief, the panel issued two opinions. Its initial opinion held that the confession of a co-defendant implicating himself and the defendant in a crime does not provide probable cause to arrest the defendant. See Craig v. Singletary, 80 F.3d 1509, 1512...

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