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MOORE v. JARVIS

No. 88-8636.

885 F.2d 1565 (1989)

Linda S. MOORE, Petitioner-Appellant, v. Pat JARVIS, Sheriff, De Kalb County, Georgia, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 18, 1989.

Attorney(s) appearing for the Case

J.M. Raffauf, Office of Public Defender, Decatur, Ga., for petitioner-appellant.

Ralph Taylor Bowden, Jr., Office of Ralph Taylor Bowden, Jr., Decatur, Ga., Gary D. Bergman, Dekalb County Sol's Office, Decatur, Ga., for respondent-appellee.

Before KRAVITCH and COX, Circuit Judges, and MORGAN, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Linda S. Moore, convicted for the third time of driving in Georgia under the influence of alcohol and sentenced to three months in jail and twenty-one months probation, appeals the denial of her petition for habeas corpus. We reverse, in part, and remand the case to the district court.

I. FACTS

Moore was arrested in June 1982 in the City of Oxford, Georgia, and charged with driving under the influence of alcohol ("DUI"),...

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