Hayes v. Alabama

MEMORANDUM OPINION AND ORDER

EMMETT RIPLEY COX, District Judge:

This action is brought pursuant to 28 U.S.C.A. § 2254 (West 1982) seeking habeas corpus relief from a sentence of life imprisonment imposed by the Circuit Court of Mobile County, Alabama under Ala.Code § 13-1-74 (1975). The matter is now before the court on the motion filed by the petitioner for a determination of the necessity of an evidentiary hearing, and respondents’ motions to dismiss and for summary judgment.

*1101. State Procedural History. The petitioner, Arthur Bernard Hayes, a Black man, was indicted by the Grand Jury of Mobile…