CAVER v. STATE OF ALABAMA

No. 74-3232.

511 F.2d 124 (1975)

James T. CAVER, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1975.


Attorney(s) appearing for the Case

Richard H. Gill, Montgomery, Ala. (Court-appointed), for petitioner-appellant.

William J. Baxley, Atty. Gen., David W. Clark, Asst. Atty. Gen., Charles N. Parnell, III, Montgomery, Ala., for respondent-appellee.

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


PER CURIAM:

In this habeas corpus proceeding the federal trial court resolved contested issues of fact, which control the disposition of the constitutional questions raised, without a hearing and without having before it a copy of the state court trial record or other reliable and adequate written indicia to permit a proper determination of the merits of such disputed issues. The order denying the application for habeas corpus relief must be vacated and the cause...

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