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ALDERMAN v. AUSTIN

No. 80-7820.

663 F.2d 558 (1981)

Jack E. ALDERMAN, Petitioner-Appellee, v. Sam AUSTIN, Warden, Georgia State Prison, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

On Rehearing March 12, 1982.

Attorney(s) appearing for the Case

Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Bruce H. Morris, Atlanta, Ga., for petitioner-appellee.

Joel Berger, NAACP Legal Defense and Educ. Fund, Inc., New York City, for amicus curiae.

Before MARKEY, Chief Judge, and HILL and THOMAS A. CLARK, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Jack E. Alderman was indicted, tried, convicted, and sentenced to death by electrocution for the 1974 murder of his wife, Barbara J. Alderman. Following unsuccessful direct attacks1 upon his conviction and sentence, Alderman petitioned through the state court system for writ of habeas corpus. These collateral attacks too failed. But upon Alderman's petition for federal

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