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BARNETT v. HOPPER

No. 76-3230. Summary Calendar.

548 F.2d 550 (1977)

Tyrone F. BARNETT, Petitioner-Appellant, v. Joseph S. HOPPER, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 10, 1977.

Attorney(s) appearing for the Case

James C. Bonner, Jr., Prisoner Legal Counseling Project, Athens, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Atlanta, Ga., Griffin B. Bell, Jr., Asst. Atty. Gen., Savannah, Ga., for respondent-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

CLARK, Circuit Judge:

Petitioner Tyrone Barnett seeks habeas corpus relief from his May 1973 Georgia state conviction for armed robbery. After Georgia courts denied him the relief sought, so did the United States District Court for the Southern District of Georgia. Finding Barnett's claim for relief to be meritorious, we reverse.

Barnett and a codefendant were charged in 1973 with armed robbery. Their retained attorney reached an agreement with the prosecutor...

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