Court of Appeals for the Eleventh Circuit September 30, 1985, 84-5726 (Henry Brown v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida)

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.