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EVANS v. BIRTTON

Civ. A. No. 79-0200-H.

472 F.Supp. 707 (1979)

John Louis EVANS, III, Petitioner, v. Robert G. BIRTTON, Commissioner, Alabama Board of Corrections, and Joseph Oliver, Warden, Holman Prison, Respondents.

United States District Court, S. D. Alabama, S. D.

June 11, 1979.

Attorney(s) appearing for the Case

Dennie N. Balske, Stephen J. Ellman, Morris S. Dees, Jr., John L. Carroll, Montgomery, Ala., for petitioner.

Edward E. Carnes, Jack M. Curtis, Asst. Attys. Gen., Montgomery, Ala., for respondents.

MEMORANDUM OPINION

HAND, District Judge.

The petitioner, presently incarcerated on death row at Holman Prison Unit under a death sentence imposed by the Circuit Court of Mobile County, brings this action seeking habeas corpus relief from such sentence pursuant to Title 28 U.S.C.A., § 2254. The facts leading up to the conviction of the petitioner have been set out by the Alabama Court of Criminal Appeals in Evans v. State, 361...

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