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FUNCHESS v. WAINWRIGHT

No. 86-3259.

788 F.2d 1443 (1986)

David Livingston FUNCHESS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, R.C. Dugger, Superintendent, Florida State Prison, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied April 22, 1986.

Attorney(s) appearing for the Case

Larry Helm Spalding, Mark Evan Olive and Michael A. Mello, Office of Capital Collateral Representative, Tallahassee, Fla., for petitioner-appellant.

Richard E. Doran, Asst. Atty. Gen., Miami, Fla., for respondents-appellees.

Before GODBOLD, Chief Judge, RONEY and FAY, Circuit Judges.

Rehearing En Banc Denied April 22, 1986.

PER CURIAM:

In 1975, a Duval County jury found David Livingston Funchess guilty of two counts of first degree murder.1 He was sentenced to two death penalties. After exhausting his state remedies,2 Funchess filed a habeas corpus petition in the United States District Court for the Middle District of Florida. The district court denied relief. On appeal, a panel...

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