Mason Braswell v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

GEWIN, Circuit Judge:

Mason Edward Braswell was convicted of aggravated assault in a Florida state court. The Florida court of appeals affirmed the conviction 1 and the Florida Supreme Court 2 and the United States Supreme Court denied certiorari. 3 Bras-well then sought habeas corpus relief in the United States District Court. The district court granted the writ and ordered that unless the State afforded Braswell a new trial within a reasonable period of time the court would order his release, 330 F.Supp. 281 (S.D.Fla.1971). The State appeals. We modify and affirm.

Prior to Braswell’s state…