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EATON v. CAPPS

No. 73-1585 Summary Calendar.

480 F.2d 1021 (1973)

Gerald EATON, Petitioner-Appellant, v. Walter CAPPS, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 5, 1973.

Attorney(s) appearing for the Case

J. Paul Lowery, Montgomery, Ala. (Court-appointed, not under CJA), for petitioner-appellant.

William J. Baxley, Atty. Gen., Leslie Hall, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges:

SIMPSON, Circuit Judge:

Following the decisions of the Supreme Court of the United States in Furman v. Georgia, 1972, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346, and companion cases, this court has consistently remanded habeas corpus appeal cases involving state prisoners under death sentence to the appropriate federal district courts with directions to grant the writ if the sentencing state...

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