James G. Davis v. State of Alabama

623 F.2d 366, 1980 U.S. App. LEXIS 15059

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 7, 1980
• Docket: 78-1165
• Status: Published

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SKELTON, Senior Judge * , and GOLDBERG and FAY, Circuit Judges.

PER CURIAM:

In accordance with the mandate directed to this court by the United States Supreme Court, - U.S. -, 100 S.Ct. 1827, 64 L.Ed.2d 256, it is hereby ORDERED That the judgment of this court, 596 F.2d 1214, is vacated; and That this case is remanded to the United States District Court for the Northern District of Alabama; and That that court shall vacate its order denying the petition for a writ of habeas corpus. See United States v. Munsingwear, 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

* Senior Judge of United States Court of Claims, sitting by designation.