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CAPE v. FRANCIS

Civ. A. No. 82-152-ATH.

558 F.Supp. 1207 (1983)

Garnett William CAPE, Petitioner, v. Robert FRANCIS, Warden, Georgia Diagnostic & Classification Center, Respondent.

United States District Court, M.D. Georgia, Athens Division.

March 9, 1983.

Attorney(s) appearing for the Case

Stephen B. Bright, Atlanta, Ga., Robert E. Morin, Washington, D.C., for petitioner.

Mary Beth Westmoreland, Atlanta, Ga., for respondent.

OWENS, Chief Judge:

Since 1867 — some one-hundred sixteen years — on account of laws passed by Congress, 28 U.S.C. § 2241, et seq., it has been the responsibility of United States District Courts to consider and decide petitions for writs of habeas corpus filed by state prisoners alleging that they are in custody because of having been tried and convicted in violation of their rights derived from the Constitution or laws of the United States...

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