ALLEN v. STATE OF ALABAMA

No. 82-7290.

732 F.2d 858 (1984)

James ALLEN, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 21, 1984.


Attorney(s) appearing for the Case

N.P. Callahan, Jr., Birmingham, Ala. (court-appointed), for petitioner-appellant.

Thomas R. Allison, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before GODBOLD, Chief Judge, RONEY and SMITH, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion April 2, 1984, 11 Cir., 1984, 728 F.2d 1384).

BY THE COURT:

Treating petitioner's letter filed April 16, 1984 as a petition for rehearing, it is DENIED in part and GRANTED in part.

In the oral argument of this case counsel stated to the court that if petitioner were granted an out-of-time appeal in state court the only issue to be pressed in that appeal would concern an...

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