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DOUGLAS v. WAINWRIGHT

No. 79-755 Civ. T-K.

521 F.Supp. 790 (1981)

Howard Virgil Lee DOUGLAS, Petitioner, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Offender Rehabilitation, and David H. Brierton, Superintendent of Florida State Prison at Starke, Florida, Respondents.

United States District Court, M. D. Florida, Tampa Division.

August 25, 1981.

Attorney(s) appearing for the Case

Elliott C. Metcalfe, Jr., Public Defender, Larry Helm Spalding, Sarasota, Fla., for petitioner.

Richard W. Prospect, Asst. Atty. Gen., Tallahassee, Fla., Robert J. Landy, Asst. Atty. Gen., Tampa, Fla., for respondents.

MEMORANDUM OF OPINION

KRENTZMAN, District Judge.

Howard Virgil Lee Douglas was convicted in a Florida State court of first degree murder and a death sentence imposed.

His conviction was affirmed by the Florida Supreme Court in Douglas v. State, 328 So.2d 18 (Fla.) (Douglas 1), cert. denied 429 U.S. 871, 97 S.Ct. 185, 50 L.Ed.2d 151 (1976), reh. denied 429 U.S. 1055, 97 S.Ct. 770, 57 L.Ed.2d...

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