HOLLOWAY v. McELROY

No. 79-3325.

632 F.2d 605 (1980)

M. W. HOLLOWAY, Petitioner-Appellee, v. Clay E. McELROY, Warden, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 12, 1981.


Attorney(s) appearing for the Case

John W. Dunsmore, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Lawrence W. Roberts, Cordele, Ga., for petitioner-appellee.

Before MORGAN, ANDERSON and RANDALL, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 12, 1981.

RANDALL, Circuit Judge:

On May 1, 1975, a jury in the Crisp County, Georgia, Superior Court convicted M. W. Holloway of voluntary manslaughter for the March 18, 1975, shooting of Joe Crumbley. At trial, Holloway had admitted the shooting, but had claimed self-defense. He was sentenced to twenty years. His conviction was affirmed on direct appeal in the Georgia courts, and the denial of his subsequent...

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