James Allen v. State of Alabama

735 F.2d 1276, 1984 U.S. App. LEXIS 21286

Opinion

BY THE COURT:

Respondent’s motion to revise our order, 732 F.2d 858, denying rehearing in this case is GRANTED. The language in the second paragraph, “[w]e held that petitioner was entitled to the out-of-time appeal and, because he is indigent, to a transcript of his trial as an incident thereto,” is deleted and the following is inserted in lieu thereof:

We held that petitioner was entitled to an evidentiary hearing to determine whether he had voluntarily and knowingly waived his right to appeal.