735 F2d 1276 Allen v. State of Alabama

735 F.2d 1276

James ALLEN, Petitioner-Appellant,
STATE OF ALABAMA, Respondent-Appellee.

No. 82-7290.

United States Court of Appeals,
Eleventh Circuit.

June 21, 1984.

N.P. Callahan, Jr., Birmingham, Ala. (court-appointed), for petitioner-appellant.

Thomas R. Allison, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Appeal from the United States District Court for the Northern District of Alabama.

Before GODBOLD, Chief Judge, and RONEY and SMITH*, Circuit judges.


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Respondent's motion to revise our order, 732 F.2d 858, denying rehearing in this case is GRANTED. The language in the second paragraph, "[w]e held that petitioner was entitled to the out-of-time appeal and, because he is indigent, to a transcript of his trial as an incident thereto," is deleted and the following is inserted in lieu thereof:


We held that petitioner was entitled to an evidentiary hearing to determine whether he had voluntarily and knowingly waived his right to appeal.


Honorable Edward S. Smith, U.S. Circuit Judge for the Federal Circuit, sitting by designation