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BAILEY v. VAN CLEVE

No. 73-2348. Summary Calendar.

488 F.2d 137 (1973)

Osbie BAILEY, Petitioner-Appellee, v. D. M. VAN CLEVE, Warden, Atmore Prison Farm, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 7, 1973.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Otis J. Goodwyn, Jr., Asst. Atty. Gen., Montgomery, Ala., for respondent-appellant.

Wilson M. Hawkins, Jr., Mobile, Ala. (Court-appointed), for petitioner-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

The district court in this habeas corpus case granted the petition and set aside Osbie Bailey's three Alabama robbery convictions and ordered a new trial. The basis for this action was its determination that Bailey's attorney and the prosecutor jointly coerced him into entering his guilty pleas. Such a determination depends upon evidence not in the record of the state court guilty plea proceedings. Nothing in the record before us discloses that this evidence...

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