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BAILEY v. SPEARS

No. 86-7319.

847 F.2d 695 (1988)

Rex Michael BAILEY, Petitioner-Appellant, v. Larry SPEARS, Warden & The Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 16, 1988.

Attorney(s) appearing for the Case

Rex Michael Bailey, pro se.

Donald H. Brockway, Jr., Corretti & Newsom, Birmingham, Ala., for petitioner-appellant.

J. Anthony McLain, Asst. Atty. Gen., James F. Hampton, Sp. Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before JOHNSON and CLARK, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge:

Appellant (Bailey) attacks by means of application for habeas corpus his detention under a life sentence imposed under the Alabama Habitual Offenders Act (Alabama Code 1975, Section 13A-5-9) for escape in the first degree (Alabama Code 1975, Section 13A-10-31). The sentence was upheld by the Alabama Court of Criminal Appeals. Bailey v. State, 421 So.2d 1364 (Ala.Cr. App.1982). Habeas corpus...

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