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BROOKS v. HOPPER

Nos. 78-1809, 78-2284.

597 F.2d 57 (1979)

Jerry Leon BROOKS, a/k/a James Andrew Johnson, Petitioner-Appellant, v. Joe S. HOPPER, Warden, et al., Respondents-Appellees. James Louis ADKINS, Plaintiff-Appellant, v. Joe S. HOPPER, Warden, Georgia State Prison, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 1979.

Attorney(s) appearing for the Case

Jerry Leon Brooks, pro se.

Jerry A. Rylee, Atlanta, Ga. (Court-appointed), for Brooks.

Robert S. Stubbs, II, Exec. Asst. Atty. Gen., Richard L. Chambers, 1st Asst. Atty. Gen., John C. Walden, Sr. Asst. Atty. Gen., Atlanta, Ga., for respondents-appellees in No. 78-1809.

James Louis Adkins, pro se.

Professor Fletcher N. Baldwin, Jr., Gainesville, Fla. (Court-appointed), for Adkins.

Arthur K. Bolton, Atty. Gen., Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondents-appellees in both cases.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

This is a consolidated appeal from the district court's denial of habeas corpus relief to two prisoners of the state of Georgia, James L. Adkins and Jerry Leon Brooks. Adkins and Brooks petitioned for relief pursuant to 28 U.S.C. § 2254 (1976) following the denial of their constitutional claims in state habeas corpus proceedings. For the reasons set forth below, we vacate and remand to the district court with the direction that it accord...

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