No. 74-2683 Summary Calendar.

514 F.2d 77 (1975)

Richard MALONE, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 9, 1975.

Attorney(s) appearing for the Case

William M. Dawson, Jr., Birmingham, Ala., Joseph L. Battle, Legal Aid Society of Madison County, Huntsville, Ala., Jack Greenberg, Stanley A. Bass, New York City, for petitioner-appellant.

William J. Baxley, Atty. Gen., Charles N. Parnell, III, Eric A. Bowen, Asst. Attys. Gen., Montgomery, Ala., for respondent-appellee.

Ralph Lowenstein, Robert Plotkin, Richard C. Hand, Nat. Legal Aid & Defender Assn., Washington, D.C., amicus curiae.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 9, 1975.


Richard Malone, tried and convicted of second degree murder in Alabama, was sentenced to twelve years of imprisonment on November 28, 1972. His retained counsel gave oral notice of appeal and Malone was enlarged on bond to await a decision by the Alabama Court of Criminal Appeals. No brief was ever filed with that court, however, and eventually, therefore, on June 14, 1973, his appeal was dismissed...

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