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NICHOLS v. BUTLER

No. 90-7101.

953 F.2d 1550 (1992)

Buddy NICHOLS, Petitioner-Appellant Cross-Appellee, v. Mac Sim BUTLER, Sheriff; Don Siegelman, Attorney General of the State of Alabama, Respondents-Appellees Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 26, 1992.

Attorney(s) appearing for the Case

Robert E. Lusk, Jr., Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees, cross-appellants.

Dennis N. Balske, Montgomery, Ala., for petitioner-appellant, cross-appellee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, and DUBINA, Circuit Judges, and JOHNSON, Senior Circuit Judge.

FAY, Circuit Judge:

The state appeals the district court's granting of habeas corpus relief to Buddy Nichols pursuant to 28 U.S.C. § 2254. A panel of this court affirmed, Nichols v. Butler, 917 F.2d 518 (11th Cir.1990), holding that Nichols' right to testify was violated by his attorney's threat to withdraw should Nichols insist on testifying, and that this violation was not harmless. Id. at 521. A majority of the...

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