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TAYLOR v. SINGLETARY

No. 95-4551.

122 F.3d 1390 (1997)

John Edward TAYLOR, Petitioner-Appellant, v. Harry K. SINGLETARY Jr., Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 26, 1997.

Attorney(s) appearing for the Case

John C. Schaible, Florida Institutional Legal Services, Inc., Gainesville, FL, for Petitioner-Appellant.

Angelica D. Zayas, Fredericka Sands, Asst. Attorneys General, Dept. of Legal Affairs, Miami, FL, for Respondent-Appellee.

Before BARKETT, Circuit Judge, KRAVITCH, Senior Circuit Judge and HARRIS, Senior District Judge.

BARKETT, Circuit Judge:

John Edward Taylor appeals the district court's denial of his petition for a writ of habeas corpus. In the petition, Taylor claims that the trial court abused its discretion when it denied his request to be tried after his codefendant Jesus Ortiz. As a result of the order of trials, Ortiz refused (on Fifth Amendment grounds) to offer material and exculpatory testimony on Taylor's behalf. We agree with the district court that the trial court...

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