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HAYES v. STATE OF ALA.

No. 79-0572-C.

566 F.Supp. 108 (1983)

Arthur Bernard HAYES, Petitioner, v. STATE OF ALABAMA, and Joseph A. Oliver, Warden, et al., Respondents.

United States District Court, S.D. Alabama.

May 19, 1983.

Attorney(s) appearing for the Case

Donald J. Stewart, Cabaniss, Johnston, Gardner, Dumas and O'Neal, Mobile, Ala., for petitioner.

Charles A. Graddick, Atty. Gen. of the State of Ala., and P. David Bjurberg, Asst. Atty. Gen. of the State of Ala., Montgomery, Ala., for respondents.

MEMORANDUM OPINION AND ORDER

EMMETT RIPLEY COX, District Judge:

This action is brought pursuant to 28 U.S.C.A. § 2254 (West 1982) seeking habeas corpus relief from a sentence of life imprisonment imposed by the Circuit Court of Mobile County, Alabama under Ala.Code § 13-1-74 (1975). The matter is now before the court on the motion filed by the petitioner for a determination of the necessity of an evidentiary hearing, and respondents' motions to dismiss...

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