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WADE v. LOCKHART

No. 83-1537.

763 F.2d 999 (1985)

Earnest Lee WADE, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Corrections, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Brent Baber, Little Rock, Ark., for appellant.

Ted Holder, Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and FAGG, Circuit Judge.

FAGG, Circuit Judge.

Earnest Lee Wade appeals from the district court's denial of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254. We reverse and remand.

In 1977, Earnest Lee Wade was an inmate at the Cummins Unit of the Arkansas Department of Corrections. Wade was at that time serving a fifteen year sentence stemming from a variety of convictions, including grand larceny, burglary, and armed robbery. Wade was scheduled to become...

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