No. 89-7745.

906 F.2d 552 (1990)

Reginald JONES, Petitioner-Appellant, v. J.O. DAVIS, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 19, 1990.

Attorney(s) appearing for the Case

George Huddleston, Spanish Fort, Ala., for petitioner-appellant.

Andy S. Poole, Kenneth Nunnelley, Asst. Attys. Gen., Montgomery, Ala., for respondent-appellee.

Before FAY and JOHNSON, Circuit Judges, and GIBSON, Senior Circuit Judge.


Reginald Jones appeals the second denial, after remand for an evidentiary hearing, of his petition for a writ of habeas corpus. Because the magistrate, whose recommendation the district court adopted, misinterpreted this court's prior opinion, we REVERSE and REMAND for a grant of the writ.

An all-white jury convicted Jones, a black man, of burglary in the third degree. The assistant district attorney of Mobile County, Alabama, created this monochromatic...

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