Willie Jasper Darden, Petitioner, Cross Respondent v. Louie L. Wainwright, Secretary, Department of Corrections,state of Florida, Respondent, Cross Petitioner

United States Court of Appeals, Eleventh Circuit. - 708 F.2d 646

July 1, 1983

Robert Augustus Harper, Jr., Tallahassee, Fla., for petitioner, cross respondent.

Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondent, cross petitioner.

Appeals from the United States District Court for the Middle District of Florida.

Before GODBOLD, Chief Judge, and RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, ANDERSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.*

PER CURIAM:

1

Because the court is equally divided as to whether to affirm or reverse, the judgment of the district court, 513 F.Supp. 947, is AFFIRMED by operation of law.