RITTER v. SMITH

Civ. A. No. 83-0457-H.

568 F.Supp. 1499 (1983)

Wayne E. RITTER, Petitioner, v. Fred SMITH, Commissioner, Alabama Department of Corrections, and J.D. White, Warden, Holman Unit, Respondents.

United States District Court, S.D. Alabama, S.D.

August 11, 1983.


Attorney(s) appearing for the Case

John L. Carroll, Ira A. Burnim, Montgomery, Ala., for petitioner.

Ed Carnes, Asst. Atty. Gen., State of Ala., Montgomery, Ala., for respondents.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAND, Chief Judge.

I. INTRODUCTION

This cause came before the Court pursuant to Wayne Eugene Ritter's petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. Petitioner was tried and convicted of capital murder and sentenced to death in 1977 in an Alabama state court.

Petitioner and John Lewis Evans committed an armed robbery of a pawn shop in Mobile, Alabama on January 5, 1977. During the...

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