No. 89-7656.

932 F.2d 1430 (1991)

Michael ATKINS, Petitioner-Appellant, v. The ATTORNEY GENERAL OF the STATE OF ALABAMA, Don Siegelman, Warden Ronald E. Jones, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 10, 1991.

Attorney(s) appearing for the Case

Scott R. Talkington, Montgomery, Ala., for petitioner-appellant.

James Evans, Atty. Gen. and James B. Prude, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

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


Michael Atkins, an Alabama inmate currently serving a twenty-year sentence for burglary, appeals the district court's dismissal of his petition for habeas corpus brought under 28 U.S.C. § 2254. We now reverse.


Atkins originally brought a petition claiming that his incarceration was in violation of due process because counsel was not appointed for him at his preliminary hearing; the evidence was insufficient to support his conviction...

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