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EVANS v. BRITTON

No. 79-2674.

639 F.2d 221 (1981)

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.

March 9, 1981.

Attorney(s) appearing for the Case

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

Charlie Graddick, Atty. Gen., Edward Carnes, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

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

On Petition for Rehearing

[Opinion Oct. 15, 1980, 628 F.2d 400 (5th Cir. 1980)]

PER CURIAM:

In its petition for rehearing, the state raises two points which merit further comment.

The state first argues that the panel ignored the effect of Evans' guilty plea. The state maintains that, under Alabama law, the guilty plea was effective, and forecloses on any doubt...

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