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SMITH v. BALKCOM

No. 81-7043.

677 F.2d 20 (1982)

John Eldon SMITH, or Anthony Isalldo Machetti, Petitioner-Appellant, v. Charles BALKCOM, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

May 10, 1982.

Attorney(s) appearing for the Case

Robert C. Glustrom, Decatur, Ga., John Charles Boger, New York City, Anthony G. Amsterdam, Stanford Univ. Law School, Stanford, Cal., Samuel R. Gross, New Haven, Conn., for petitioner-appellant.

Susan V. Boleyn, Atlanta, Ga., for respondent-appellee.

Before HILL, Circuit Judge, SMITH, Judge, and HENDERSON, Circuit Judge.

ORDER

Post-conviction litigation in cases involving the death penalty is, apparently, conducted by counsel for the condemned and for the State in such fashion that emergency motions for extraordinary, last minute relief are the order of the day. If there be no emergency, it appears that counsel will work together to create one, lest orderly court processes be substituted for "eleventh hour" emergencies.

This case is no exception.

On March 29, 1982...

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