BYRD v. HOPPER

Civ. A. No. C 75-2177 A.

405 F.Supp. 1323 (1976)

Willie James BYRD v. Joe S. HOPPER, Warden, Georgia State Prison.

United States District Court, N. D. Georgia, Atlanta Division.

January 23, 1976.


Attorney(s) appearing for the Case

Edwin M. Saginar, Atlanta, Ga., for petitioner.

Arthur K. Bolton, Atty. Gen., G. Stephen Parker, Asst. Atty. Gen., Atlanta, Ga., for respondent.


ORDER

JAMES C. HILL, District Judge.

Petitioner, Willie James Byrd, by counsel prays for a writ of habeas corpus on the ground that the conviction and sentence under which he is being detained were imposed in violation of the due process clause of the Fourteenth Amendment. Specifically, petitioner contends that he was denied due process in that 1) he was tried and sentenced in absentia; 2) the trial judge improperly took the sentencing from the jury...

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