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GAINES v. HESS

No. 79-1284.

662 F.2d 1364 (1981)

William A. GAINES, Petitioner-Appellant, v. Norman B. HESS and the Attorney General of the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 2, 1981.

Attorney(s) appearing for the Case

Leonard D. Munker, Federal Public Defender, Wichita, Kan., for petitioner-appellant.

C. Elaine Alexander, Asst. Atty. Gen. (Jan Eric Cartwright, Atty. Gen., and Janet L. Cox, Asst. Atty. Gen., on the brief), Oklahoma City, Okl., for respondents-appellees.

Before SETH, Chief Judge, and HOLLOWAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Petitioner William A. Gaines appeals from an order of the United States District Court for the Western District of Oklahoma denying his pro se application for habeas corpus relief.1 We vacate the order and remand to the district court for an in camera evidentiary hearing to determine whether the state trial court denied Gaines his due process right to a fair trial by failing to order disclosure of the identity...

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