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BROWN v. JONES

No. 99-14261.

255 F.3d 1273 (2001)

Gary Leon BROWN, Petitioner-Appellant, v. Charlie P. JONES, Warden, Bill Pryor, Attorney General, State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

DECIDED June 29, 2001.

Attorney(s) appearing for the Case

Thomas Martele Goggans (Appointed by District Court), Montgomery, AL, for Petitioner-Appellant.

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

Before ANDERSON, Chief Judge, and EDMONDSON and DUBINA, Circuit Judges.

ANDERSON, Chief Judge:

I. FACTS AND PROCEDURAL HISTORY

On May 26, 1986, Gary Leon Brown, Archie Bankhead, James Bynum, and Jimmy Davenport went fishing near Locust Fork, Alabama, about thirty miles north of Birmingham. The men drank alcohol while they fished and then went to Chuck and Willie's Lounge in Birmingham, where they continued to drink and played pool.

While at the lounge, Brown, Bankhead, and Bynum discussed the possibility of going to...

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