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OWEN v. STATE OF ALA.

No. 87-7328.

849 F.2d 536 (1988)

Donald L. OWEN, Petitioner-Appellee, v. STATE OF ALABAMA, Willie E. Johnson, Warden, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 13, 1988.

Attorney(s) appearing for the Case

Donald Siegelman, Atty. Gen., Rivard Melson, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellants.

Thomas M. Haas, Christopher Knight, Mobile, Ala., for petitioner-appellee.

Before HILL and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

In this case, the State of Alabama ("the State") appeals from the district court's order granting Donald Owen's petition for a writ of habeas corpus pursuant to 28 U.S.C.A. § 2254. We affirm.

I.

On July 31, 1981, Owen was convicted by a Mobile County jury for the capital murder of an on-duty, uniformed police officer. He was sentenced to life in prison without parole. The Alabama Court of Criminal Appeals affirmed Owen...

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