Weaver Lee Hawkins, IV v. State of Alabama
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
EDMONDSON, Chief Judge:
This appeal is controlled by the Antiter-rorism and Effective Death Penalty Act (AEDPA). The State of Alabama appeals the district court’s order granting Weaver Lee Hawkins’s habeas corpus petition. We vacate the order.
BACKGROUND
A Grand Jury indicted Weaver Lee Hawkins for trafficking in marijuana and failure to pay a drug tax. At trial in 1998, Hawkins admitted that he had been driving the vehicle that contained the marijuana but denied that he knew about the drugs.
The prosecutor argued that Hawkins would have known about the marijuana because of its smell. The…
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