623 F2d 366 Davis v. State of Alabama

623 F.2d 366

James G. DAVIS, Petitioner-Appellant,
v.
STATE OF ALABAMA, Respondent-Appellee.

No. 78-1165.

United States Court of Appeals, Fifth Circuit.

Aug. 7, 1980.

Appeal from the United States District Court for the Northern District of Alabama; Clarence W. Allgood, Senior Judge.

B. Don Hale, Cullman, Ala. (court-appointed), for petitioner-appellant.

William J. Baxley, Atty. Gen., Carol Jean Smith, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SKELTON, Senior Judge*, and GOLDBERG and FAY, Circuit Judges.

PER CURIAM:

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In accordance with the mandate directed to this court by the United States Supreme Court, ---- U.S. ----, 100 S.Ct. 1827, 64 L.Ed.2d 256, it is hereby ORDERED That the judgment of this court, 596 F.2d 1214, is vacated; and That this case is remanded to the United States District Court for the Northern District of Alabama; and That that court shall vacate its order denying the petition for a writ of habeas corpus. See United States v. Munsingwear, 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

*

Senior Judge of United States Court of Claims, sitting by designation