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BURLEY v. CABANA

No. 86-4560 Summary Calendar.

818 F.2d 414 (1987)

Milton BURLEY, Petitioner-Appellee, v. Donald A. CABANA, Warden, and Mississippi State Penitentiary, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

July 21, 1987.

Attorney(s) appearing for the Case

Donald Gary Barlow, Asst. Atty. Gen., Edwin L. Pittman, Atty. Gen., Jackson, Miss., for respondents-appellants.

Elizabeth A. Broome, Boyce Holleman, Gulfport, Miss., for petitioner-appellee.

Before RUBIN, RANDALL and HIGGINBOTHAM, Circuit Judges.

Opinion on Request to Correct Statement July 21, 1987.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The State of Mississippi appeals the district court's grant of Milton Burley's petition for a writ of habeas corpus. The district court ruled that Burley had been denied effective assistance of counsel because his counsel did not file a written motion of continuance, necessary to perfect that issue for appeal, and did not advise the trial court of sentencing options...

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