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PICKETT v. BOWEN

No. 85-7718.

798 F.2d 1385 (1986)

John Edward PICKETT, Petitioner-Appellee, v. George BOWEN, Warden; Charles A. Graddick, Attorney General, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 9, 1986.

Attorney(s) appearing for the Case

Martha Gail Ingram, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellants.

C. Winston Sheehan, Jr., Montgomery, Ala., for petitioner-appellee.

Before RONEY, Chief Judge, and CLARK, Circuit Judge, and DOYLE, Senior District Judge.

PER CURIAM:

The State of Alabama has appealed the district court's conditional grant of the writ of habeas corpus to petitioner. We have reviewed the record and affirm the opinion of the district court which is printed at 626 F.Supp. 81 (N.D.Ala.1985).

Our review confirms the district court's conclusion that the medical report was crucial within the meaning of Ohio v. Roberts, 448 U.S. 56

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