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1984-06 |
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735 F.2d 1276
James ALLEN, Petitioner-Appellant,
v.
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.
BY THE COURT:
1Respondent'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:
2We 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
Document Info
Docket Number: 82-7290
Citation Numbers: 735 F.2d 1276
Judges: Godbold, Roney, Smith
Filed Date: 6/21/1984
Precedential Status: Precedential
Modified Date: 8/5/2023