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LOVE v. JONES

No. 90-7330.

923 F.2d 816 (1991)

Jimmy Louis LOVE, Petitioner-Appellant, v. Charlie JONES, Warden; Attorney General for the State of Alabama, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 8, 1991.

Attorney(s) appearing for the Case

Gerald L. Miller, Redden, Mills & Clark, Birmingham, Ala., for petitioner-appellant.

Fred F. Bell, Atty. General's Office, Montgomery, Ala., for respondent-appellee.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and PECK, Senior Circuit Judge.

DUBINA, Circuit Judge:

The petitioner, Jimmy Louis Love ("Love"), is presently serving a sentence of life without parole pursuant to Alabama's Habitual Felony Offender Act, Ala.Code § 13A-5-9 (1975) ("HFOA"). Love appeals the district court's denial of his petition for writ of habeas corpus. For the reasons that follow, we reverse the district court and remand for a grant of the writ.

I. FACTUAL BACKGROUND

Love was indicted for participation...

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