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CHAFFIN v. STYNCHCOMBE

No. 71-2016.

455 F.2d 640 (1972)

James CHAFFIN, Petitioner-Appellant, v. Leroy STYNCHCOMBE, Sheriff of Fulton County, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 29, 1972.

Attorney(s) appearing for the Case

Glenn Zell, Atlanta, Ga. (Court-appointed), for petitioner-appellant.

Joel M. Feldman, Asst. Dist. Atty., Atlanta, Ga., for respondent-appellee; Lewis R. Slaton, Dist. Atty., Atlanta Judicial Circuit, Amber W. Anderson, Asst. Dist. Atty., of counsel.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

This case brings into focus obliquely the importance and weight to be accorded (a) conceptual abstractions as to crime and punishment, (b) principles which should govern the sound administration of justice in criminal cases, and (c) the societal interest in dealing fairly and effectively with those whose guilt is clearly established after being afforded a second trial following an appeal or postconviction proceeding in which a new trial was sought...

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