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DUNCAN v. STATE OF ALA.

No. 88-7708.

881 F.2d 1013 (1989)

Lloyd DUNCAN, Petitioner-Appellant, v. STATE OF ALABAMA; Freddie Smith, Director of the Department of Corrections for the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 24, 1989.

Attorney(s) appearing for the Case

James L. O'Kelley, Arendall & O'Kelley, Birmingham, Ala., for petitioner-appellant.

Don Siegelman, Atty. Gen., Thomas R. Allison, Asst. Atty. Gen., James B. Prude, Asst. Attys. Gen., Montgomery, Ala., for respondents-appellees.

Before CLARK and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CLARK, Circuit Judge:

Lloyd Duncan, an Alabama prisoner, appeals from the district court's denial of his petition for writ of habeas corpus. Duncan argues that his constitutional rights were violated because his trial counsel were laboring under a conflict of interest. After the district court initially denied the petition, we remanded for an evidentiary hearing. After a hearing, the district court again denied the petition finding that there was no actual conflict...

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