STEPHENS v. ZANT

No. 79-2407.

631 F.2d 397 (1980)

Alpha Otis O'Daniel STEPHENS, Petitioner-Appellant, v. Walter ZANT, Superintendent, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 26, 1980.


Attorney(s) appearing for the Case

James C. Bonner, Jr., Athens, Ga., Richard Erwin Shapiro, New Orleans, La., Hugh Lawson, Hawkinsville, Ga., for petitioner-appellant.

John C. Boger, Joel Berger, Jack Greenberg, James M. Nabritt, III, Deborah Fins, New York City, Anthony G. Amsterdam, Stanford, Cal., for amicus curiae NAACP Legal Defense and Educational Fund, Inc.

Arthur K. Bolton, Atty. Gen., Harrison Kohler, Robert S. Stubbs, II, Don A. Langham, John C. Walden, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before INGRAHAM, RONEY, and THOMAS A. CLARK, Circuit Judges.


RONEY, Circuit Judge.

Petitioner, convicted of murder and sentenced to death by the State of Georgia, appeals from a denial of a writ of habeas corpus. Petitioner contends his conviction violates the Double Jeopardy Clause and his sentence is invalid under the Eighth Amendment because closing arguments were not transcribed, the jury was not properly instructed that it could recommend a life sentence if it found aggravating circumstances, and the jury was permitted...

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