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DANIELS v. STATE OF ALABAMA

No. 73-2445 Summary Calendar.

487 F.2d 887 (1973)

Nathaniel DANIELS, Petitioner-Appellee, v. STATE OF ALABAMA, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 13, 1973.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Donald G. Valeska II, Walter S. Turner, Montgomery, Ala., for respondent-appellant.

Nathaniel Daniels, pro se.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

The State of Alabama here appeals from an order of the district court granting the habeas corpus petition of Nathaniel Daniels, subject to the right of the State to retry him within six months, unless Alabama provides him with "effective out-of-time appellate consideration of his conviction and sentence". Daniels is currently serving a twenty-five-year sentence for second degree murder. The district court, adopting...

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