U.S. Court of Appeals for the Fifth Circuit, 1980

James G. Davis v. State of Alabama

U.S. Court of Appeals for the Fifth Circuit · Decided August 7, 1980 · Per Curiam

623 F.2d 366; 1980 U.S. App. LEXIS 15059 (Federal Reporter, Second Series)

Counsel

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.

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

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

PER CURIAM:

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.

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