KELLEY v. STATE OF ALA.

No. 80-7382. Summary Calendar.

636 F.2d 1082 (1981)

Hugh McCoy KELLEY, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

February 13, 1981.


Attorney(s) appearing for the Case

Al Pennington, Mobile, Ala. (Court-appointed), for petitioner-appellant.

Charlie Graddick, Atty. Gen., J. Anthony McLain, James F. Hampton, Sp. Asst. Attys. Gen., Montgomery, Ala., for respondent-appellee.

Before TJOFLAT, VANCE, and THOMAS A. CLARK, Circuit Judges.


PER CURIAM:

The district court denied appellant's petition for writ of habeas corpus, and this appeal followed. Two errors are claimed. Appellant urges that the district court should have allowed him to present evidence to determine whether there was sufficient evidence to permit the initial trial court to have reasonably found appellant guilty beyond a reasonable doubt, notwithstanding appellant's entry of a plea of guilty in lieu of trial in the initial instance...

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