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HUGHES v. BOOKER

No. 98-60786.

203 F.3d 894 (2000)

Simeon HUGHES, Petitioner-Appellee, v. Walter BOOKER; Mike Moore, Attorney General, State of Mississippi, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

February 24, 2000.

Attorney(s) appearing for the Case

Simeon Hughes, Parchman, MS, pro se.

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

Before JOLLY, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Walter Booker, Superintendent of the Mississippi State Penitentiary at Parchman ("the State"), appeals the district court's decision granting appellee Simeon Hughes' ("Hughes") motion for a writ of habeas corpus because he received ineffective assistance of appellate counsel in violation of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and Penson v. Ohio,

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