JAMES ALLEN, PETITIONER-APPELLANT,
v.
STATE OF ALABAMA, RESPONDENT-APPELLEE
JAMES ALLEN, PETITIONER-APPELLANT,
STATE OF ALABAMA, RESPONDENT-APPELLEE
735 F.2d 1276
Court of Appeals for the Eleventh Circuit (1984)
Opinion of the Court
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.