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SMELCHER v. ATTORNEY GENERAL OF ALABAMA

No. 89-7915.

947 F.2d 1472 (1991)

James Floyd SMELCHER, Petitioner-Appellant, v. ATTORNEY GENERAL OF ALABAMA; John E. Nagle, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 2, 1991.

Attorney(s) appearing for the Case

Gerald L. Miller, Birmingham, Ala., for petitioner-appellant.

Robin Denise Blevins, Asst. Atty. Gen., for the State of Ala., Montgomery, Ala., for respondents-appellees.

Before FAY and BIRCH, Circuit Judges, and HOFFMAN, Senior District Judge.

WALTER E. HOFFMAN, Senior District Judge:

In this case, James Floyd Smelcher, an Alabama state prison inmate convicted of first degree rape, appeals the denial of his petition for writ of habeas corpus. Because we find that Smelcher has been improperly denied an evidentiary hearing on his claim of ineffective assistance of counsel, we reverse this case for a hearing on this issue.

FACTS

On June 1, 1986, James Floyd Smelcher, the appellant in this...

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