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BAUDER v. DEPT. OF CORRECTIONS STATE OF FLORIDA

No. 10-10657.

619 F.3d 1272 (2010)

Gary William BAUDER, Petitioner-Appellee, v. DEPARTMENT OF CORRECTIONS STATE OF FLORIDA, Walter A. McNeil, Respondent-Appellant, Secretary Florida Department of Children and Families, et al., Respondents.

United States Court of Appeals, Eleventh Circuit.

September 13, 2010.

Attorney(s) appearing for the Case

Janice L. Bergmann , Fed. Pub. Def., Ft. Lauderdale, FL, Kathleen M. Williams , Fed. Pub. Def., Miami, FL, for Williams.

Douglas J. Glaid , Bill McCollum , Richard L. Polin , Miami, FL, for Secretary, Fla Dept. of Corrections, Walter A. McNeil.

Before BARKETT and MARCUS, Circuit Judges, and HOOD, Judge.

PER CURIAM:

The State of Florida appeals the district court's grant of Gary William Bauder's petition for habeas corpus under § 2254, in which the district court ruled that Bauder's criminal defense attorney was ineffective by misadvising Bauder regarding the possibility of being civilly committed as a result of pleading to a charge of aggravated stalking of a minor.1

In 2002, Bauder was charged with aggravated stalking of...

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