Louie L. Wainwright, Director, Division of Corrections v. John Sykes

SIMPSON, Circuit Judge:

The respondent below, Wain wright (appellant, or occasionally, “the State”), appeals from an interlocutory order of the district court in a state habeas corpus case. That order required the state to conduct an evidentiary hearing to supplement the record before the district court, and provided that in the alternative, if such a hearing is not held, the district court will determine the issues on the state record as transmitted. The effect of the order was stayed for 90 days to permit this appeal. At issue is the petitioner-appellee’s contention that statements made by…