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BROWN v. WAINWRIGHT

No. 84-5726.

772 F.2d 780 (1985)

Henry BROWN, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 30, 1985.

Attorney(s) appearing for the Case

Michael J. Neimand, Asst. Atty. Gen., Dept. of Legal Affairs, Miami, Fla., for respondent-appellant.

Karen Gottlieb, Asst. Public Defender, Miami, Fla., for petitioner-appellee.

Before FAY and JOHNSON, Circuit Judges, and HOFFMAN, District Judge.

WALTER E. HOFFMAN, District Judge:

On October 10, 1973, an indictment charged the petitioner, Henry Brown, with murder in the first degree. An initial trial ended in a mistrial when the jury was unable to reach a verdict. At the conclusion of a second trial, the jury returned a verdict of guilty to the charge of first degree murder and recommended a sentence of life imprisonment. The trial court imposed a sentence of death. The Supreme Court of Florida affirmed Brown...

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