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EVANS v. BRITTON

No. 79-2674.

628 F.2d 400 (1980)

John Louis EVANS, III, Petitioner-Appellant, v. Robert G. BRITTON, Commissioner, Alabama Board of Corrections, and Joseph Oliver, Warden, Holman Prison, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 15, 1980.

Attorney(s) appearing for the Case

John L. Carroll, Dennis N. Balske, Montgomery, Ala., Steven Alan Reiss, Washington, D. C., for petitioner-appellant.

Charles A. Graddick, Atty. Gen., Edward E. Carnes, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before VANCE and SAM D. JOHNSON, Circuit Judges, and THOMAS, District Judge.

PER CURIAM:

John Louis Evans, III, was convicted of capital murder by a jury and was sentenced to death in an Alabama state court. In his 28 U.S.C. § 2254 petition for habeas corpus relief, denied by the district court, 472 F.Supp. 707, he alleges that because the Alabama death penalty statute, Code of Ala. § 13-11-2 (1975), deprived him of due process of law and equal protection and constituted cruel and unusual punishment...

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