James G. Davis, Petitioner-appellant, v. State of Alabama, Respondent-appellee, 623 F.2d 366 (5th Cir. 1980)
Annotate this CaseAppeal 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:
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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