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WYZYKOWSKI v. DEPARTMENT OF CORRECTIONS

No. 98-4971.

226 F.3d 1213 (2000)

Micheal WYZYKOWSKI, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS, Harry K. Singletary, Attorney General, Robert Butterworth, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 11, 2000.

Attorney(s) appearing for the Case

Kathleen M. Williams, (Court-Appointed), Bernardo Lopez, Fed. Pub. Defenders/Southern Dist. of FL, Miami, FL, for Petitioner-Appellant.

Denise S. Calegan, Heidi L. Bettendorf, West Palm Beach, FL, for Respondents-Appellees.

Before ANDERSON, Chief Judge, and DUBINA and SMITH, Circuit Judges.

ANDERSON, Chief Judge:

Micheal Wyzykowski appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated below, we vacate and remand.

I. BACKGROUND

In 1992 Wyzykowski was charged with the first degree murder of Fred Butterworth and the attempted burglary of shoes from the victim's dwelling. After pleading guilty to second degree murder in 15th Judicial Circuit Court, Palm...

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