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HAWKINS v. ALABAMA

No. 01-16904.

318 F.3d 1302 (2003)

Weaver Lee HAWKINS, IV, Petitioner-Appellee, v. State of ALABAMA, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 27, 2003.

Attorney(s) appearing for the Case

James Bartholomew, Montgomery, AL, for Respondent-Appellant.

Roger C. Appell, Law Offices of Roger C. Appell, Birmingham, AL, for Petitioner-Appellee.

Before EDMONDSON, Chief Judge, WILSON, Circuit Judge, and NANGLE, District Judge.

EDMONDSON, Chief Judge:

This appeal is controlled by the Antiterrorism and Effective Death Penalty Act (AEDPA). The State of Alabama appeals the district court's order granting Weaver Lee Hawkins's habeas corpus petition. We vacate the order.

BACKGROUND

A Grand Jury indicted Weaver Lee Hawkins for trafficking in marijuana and failure to pay a drug tax. At trial in 1998, Hawkins admitted that he had been driving the vehicle that contained the marijuana...

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