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THACKER v. SINGLETARY

No. 97-6450-CIV.

145 F.Supp.2d 1332 (2000)

Jeffrey THACKER, Petitioner, v. Harry SINGLETARY, Jr., Secretary, Florida Department of Corrections, Respondent.

United States District Court, S.D. Florida.

September 19, 2000.

Attorney(s) appearing for the Case

Roderick Darrell Vereen, Vereen & Pena, Miami, FL, Bernard F. Daley, Jr., Daley & Associates, Tallahassee, FL, for Jeffery Thacker, plaintiff.

Jeanine Marie Germanowicz, Florida Attorney General's Office, West Palm Beach, FL, for Secretary for Department of Corrections, and Attorney General, defendants.

ORDER

FERGUSON, District Judge.

THIS CAUSE is before the Court on the petitioner's Writ of Habeas Corpus [D.E.I].

Issues

The substantive question presented is whether this federal district court, on a petition for habeas corpus to set aside an unlawful sentence based on a prior illegal conviction used to enhance a sentence, should honor a decision of the state's highest court which subsequently declared...

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