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FAIRMAN v. ANDERSON

No. 98-60420.

188 F.3d 635 (1999)

Jerry FAIRMAN, Petitioner-Appellee, v. James V. ANDERSON, Superintendent, Mississippi State Penitentiary; Mike Moore, Attorney General, State of Mississippi, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

September 28, 1999.

Attorney(s) appearing for the Case

David O. Bell, Oxford, MS, for Petitioner-Appellee.

Jo Anne McFarland McLeod, Jackson, MS, for Respondents-Appellants.

Before JONES, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

In this appeal, the State of Mississippi ("State") contests the district court's grant of Petitioner-Appellee Jerry Fairman's ("Fairman") petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 (1988). As we will explain infra, although we disagree with some of the district court's reasoning, we concur in its conclusion that Fairman is entitled to habeas corpus, and we thus affirm the judgment of the court below....

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