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COX v. HUTTO

No. 79-1778.

619 F.2d 731 (1980)

Billy Ray COX, Appellee, v. Terrell Don HUTTO, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 16, 1980.

Rehearing Denied May 13, 1980.

Attorney(s) appearing for the Case

Ray E. Hartenstein, Asst. Atty. Gen., Little Rock, Ark., for appellant; Steve Clark, Atty. Gen., Little Rock, Ark., on brief.

Merl O. Barns, Howell, Price & Howell, Little Rock, Ark., for appellee.

Before STEPHENSON and McMILLIAN, Circuit Judges, and SCHATZ, District Judge.

McMILLIAN, Circuit Judge.

The State of Arkansas appeals from a decision of the district court1 granting Billy Ray Cox's petition for a writ of habeas corpus and releasing him from a prison sentence.2 The district court, pursuant to the earlier mandate of this court in this case (Cox I),3 found that Cox had suffered prejudice because of errors in a state court proceeding sentencing...

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