PEOPLES v. HALEY

No. 98-6882.

227 F.3d 1342 (2000)

John W. PEOPLES, Jr., Petitioner-Appellant, v. Michael W. HALEY, Commissioner of the Alabama Department of Corrections, Attorney General of the State of Alabama, Respondents-Appellees,

United States Court of Appeals, Eleventh Circuit.

September 18, 2000.


Attorney(s) appearing for the Case

William C. Cagney (Court-Appointed), Windels, Marx, Lane & Mittendorf, LLP, New Brunswick, NJ, for Petitioner-Appellant.

Beth Jackson Hughes, Montgomery, AL, for Respondents-Appellees.

Before ANDERSON, Chief Judge, and TJOFLAT and MARCUS, Circuit Judges.


PER CURIAM:

We vacate and withdraw the previous opinion in this case, dated September 7, 2000, and substitute the following opinion.

I.

On December 7, 1983, John W. Peoples, Jr. was convicted of capital murder and sentenced to death for the murders of Paul Franklin, Sr., his wife Judy Franklin, and their ten-year-old son, Paul Franklin, Jr. His convictions and death sentences were affirmed on direct appeal...

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