PER CURIAM:
The petitioner, a Georgia prisoner who was convicted of rape in 1965, appeals from the denial without a hearing by the district court of his petition for writ of habeas corpus. The district court held that because the petitioner had to be retried on the penalty phase of his offense, the petition was premature. We affirm.
Following the petitioner's conviction, upon which he was sentenced to death, he unsuccessfully prosecuted an appeal. Massey v...
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