No. 82-7403.

727 F.2d 1020 (1984)

Rudy D. CANNON, Petitioner-Appellee, v. W.C. BERRY, et al., Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 23, 1984.

Attorney(s) appearing for the Case

Jennifer M. Mullins, Asst. Atty. Gen., Montgomery, Ala., for defendants-appellants.

Perry Pearce, Birmingham, Ala. (Court-appointed), for plaintiff-appellee.

Before ANDERSON and CLARK, Circuit Judges, and DUMBAULD, District Judge.

Rehearing and Rehearing En Banc Denied April 23, 1984.


The State of Alabama appeals a district court order regarding the habeas corpus petition of Rudy D. Cannon. The court found that Cannon received ineffective assistance when his appellate counsel failed to file a brief on Cannon's direct appeal from his state court conviction; it granted Cannon habeas relief unless, within a reasonable time, the State affords Cannon...

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