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DUNCAN v. STATE OF ALABAMA

No. 73-3820.

502 F.2d 571 (1974)

James Milford DUNCAN, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 10, 1974.

Attorney(s) appearing for the Case

George Peach Taylor, Univ. of Alabama, University, Ala., (Court-appointed), for petitioner-appellant.

William J. Baxley, Atty. Gen., Montgomery, Ala., Herbert H. Henry, Asst. Atty. Gen., Birmingham, Ala., for respondent-appellee.

Before TUTTLE, WISDOM and GEE, Circuit Judges.

WISDOM, Circuit Judge:

This appeal in forma pauperis by a state prisoner is from the denial of a habeas corpus petition without a hearing and without a response by the State. The district court adopted the report and recommendation of the United States Magistrate for dismissal of the petition. The case raises the question whether time served on death row during pendency of an appeal is required to be credited for parole consideration on a life sentence imposed following...

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