Opinion
No. 82-7290.
June 21, 1984.
N.P. Callahan, Jr., Birmingham, Ala. (court-appointed), for petitioner-appellant.
Thomas R. Allison, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.
Appeal from the United States District Court for the Northern District of Alabama.
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.