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SMITH v. BALKCOM

No. 81-7043.

671 F.2d 858 (1982)

John Eldon SMITH, or Anthony Isalldo Machetti, Petitioner-Appellant, v. Charles BALKCOM, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

March 29, 1982.

Attorney(s) appearing for the Case

Robert C. Glustrom, Decatur, Ga., Anthony G. Amsterdam, Stanford, Cal., John Charles Boyer, New York City, Samuel R. Gross, New Haven, Conn., for petitioner-appellant.

Susan V. Boleyn, Asst. Atty. Gen., State of Ga., Atlanta, Ga., for respondent-appellee.

Before HILL, Circuit Judge, SMITH, Judge, and HENDERSON, Circuit Judge.

ON PETITIONS FOR REHEARING

PER CURIAM:

We hereby modify the panel opinion, 660 F.2d 573 (5th Cir. 1981), to delete the paragraph appearing on page 585 and beginning "The equal protection aspect ..." and add in lieu thereof the following:

Smith further attacks the constitutionality of the application of Georgia's death penalty on equal protection grounds. Smith has proffered evidence undertaking to show that "racial...

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