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  • James Allen v. State of Alabama, 735 F.2d 1276, 11th Cir. (1984)

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    This document is a court ruling that revises an earlier order denying a rehearing in the case of James Allen v. State of Alabama. The court granted the respondent's motion to revise the earlier order. Specifically, the court deleted language stating that Mr. Allen was entitled to an out-of-time appeal and a trial transcript. The revised language instead states that Mr. Allen was entitled to an evidentiary hearing to determine if he had voluntarily and knowingly waived his right to appeal.

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    Filed: 1984-06-21 Precedential Status: Precedential Citations: 735 F.2d 1276 Docket: 82-7290

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    This document is a court ruling that revises an earlier order denying a rehearing in the case of James Allen v. State of Alabama. The court granted the respondent's motion to revise the earlier order. Specifically, the court deleted language stating that Mr. Allen was entitled to an out-of-time appeal and a trial transcript. The revised language instead states that Mr. Allen was entitled to an evidentiary hearing to determine if he had voluntarily and knowingly waived his right to appeal.

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    11 views2 pages

    James Allen v. State of Alabama, 735 F.2d 1276, 11th Cir. (1984)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling that revises an earlier order denying a rehearing in the case of James Allen v. State of Alabama. The court granted the respondent's motion to revise the earlier order. Specifically, the court deleted language stating that Mr. Allen was entitled to an out-of-time appeal and a trial transcript. The revised language instead states that Mr. Allen was entitled to an evidentiary hearing to determine if he had voluntarily and knowingly waived his right to appeal.

    Copyright:

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    of 2

    735 F.

    2d 1276

    James ALLEN, Petitioner-Appellant,


    v.
    STATE OF ALABAMA, Respondent-Appellee.
    No. 82-7290.

    United States Court of Appeals,


    Eleventh Circuit.
    June 21, 1984.

    N.P. Callahan, Jr., Birmingham, Ala. (court-appointed), for petitionerappellant.


    Thomas R. Allison, Asst. Atty. Gen., Montgomery, Ala., for respondentappellee.
    Appeal from the United States District Court for the Northern District of
    Alabama.
    Before GODBOLD, Chief Judge, and RONEY and SMITH * , Circuit
    judges.

    BY THE COURT:
    1

    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:

    2 held that petitioner was entitled to an evidentiary hearing to determine whether


    We
    he had voluntarily and knowingly waived his right to appeal.

    Honorable Edward S. Smith, U.S. Circuit Judge for the Federal Circuit, sitting
    by designation

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