WISECUP v. JAMES

No. 86-8128.

790 F.2d 841 (1986)

Jo Nell WISECUP, Petitioner-Appellee, v. Elton Floyd JAMES, Superintendent, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 12, 1986.


Attorney(s) appearing for the Case

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Robert Altman, Atlanta, Ga., for petitioner-appellee.

Before GODBOLD, Chief Judge, and HILL and ANDERSON, Circuit Judges.


BY THE COURT:

On October 21, 1985 the district court denied Wisecup's habeas petition. She timely appealed and the case was docketed in this court as No. 85-8936. She moved for CPC in the district court.

On January 8, 1986 instead of ruling on CPC the court vacated the October 21 judgment and granted the habeas petition based on an intervening Supreme Court decision. Wisecup then dismissed her appeal. The state then...

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