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MOBLEY v. SMITH

No. 31146 Summary Calendar.

443 F.2d 846 (1971)

Charlie MOBLEY, Jr., Petitioner-Appellant, v. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Ga., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 15, 1971.

Attorney(s) appearing for the Case

Charlie Mobley, Jr., pro se.

J. Walter Cowart, Savannah, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Dorothy T. Beasley, Asst. Atty. Gen., Atlanta, Ga., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This habeas corpus petition of a Georgia state prisoner has been in and out of state and federal courts for nearly six years. It will take a judicial scythe to cut away the procedural tendrils that envelop it, but we must avail ourselves of one to understand fully what must be done.

The prisoner was convicted of murder in 1965 and was sentenced to death. The Supreme Court of Georgia affirmed...

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