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BIRT v. MONTGOMERY

No. 82-8156.

709 F.2d 690 (1983)

Billy Sunday BIRT, Petitioner, v. Charles N. MONTGOMERY, Warden, Georgia State Prison, Respondent.

United States Court of Appeals, Eleventh Circuit.

Opinion on Rehearing August 19, 1983.

Attorney(s) appearing for the Case

John C. Boger, New York City, and Eric G. Kocher, Atlanta, Ga., for petitioner.

Charles E. Brown, Mary Beth Westmoreland, Asst. Attys. Gen., Atlanta, Ga., for respondent.

Before HENDERSON and HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge.

Opinion on Rehearing En Banc August 19, 1983.

HATCHETT, Circuit Judge:

Billy Sunday Birt, a state prisoner, appeals the denial of his federal habeas corpus petition challenging state convictions for murder, armed robbery, and burglary. Birt contends that he was denied the right to counsel of his choice as guaranteed by the sixth and fourteenth amendments. Because the factfinding procedure employed by the state habeas corpus court did not afford a full and...

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