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SPIVEY v. ZANT

No. 80-7243.

661 F.2d 464 (1981)

Ronald K. SPIVEY, Petitioner-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied January 5, 1982.

Attorney(s) appearing for the Case

Jeffrey D. Colman, Jenner & Block, Michael Shepard, Chicago, Ill., for petitioner-appellant.

William B. Hill, Staff Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before DYER, TJOFLAT and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 5, 1982.

TJOFLAT, Circuit Judge:

I.

On June 30, 1977, a jury in the Superior Court of Muscogee County, Georgia, convicted the petitioner, Ronald Keith Spivey, of one count each of murder and kidnapping and two counts each of aggravated assault and armed robbery. In a separate sentencing proceeding, the same jury recommended that Spivey be sentenced to death on the murder charge. The trial judge followed...

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