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TOWER v. PHILLIPS

No. 90-4038.

979 F.2d 807 (1992)

Terry Brian TOWER, Petitioner-Appellant, v. O.J. PHILLIPS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 21, 1992.

Attorney(s) appearing for the Case

Ronald W. Maxwell, Jacksonville, Fla., for petitioner-appellant.

Edward C. Hill, Jr., Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellee.

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

JOHNSON, Senior Circuit Judge:

This case arises on appeal following the district court's order denying and dismissing the petition for writ of habeas corpus of petitioner-appellant Terry Brian Towler.1 For the reasons that follow, we vacate the district court's decision and remand the case to the district court for an evidentiary hearing.

I. STATEMENT OF THE CASE

A. Background Facts

In November 1981,...

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