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DAVIS v. ZANT

No. 83-8244.

721 F.2d 1478 (1983)

Curfew DAVIS, Plaintiff-Appellant, v. Walter D. ZANT, Warden, Georgia Diagnostic and Classification Center, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Granted March 6, 1984.

Attorney(s) appearing for the Case

Joseph M. Nursey, Atlanta, Ga., for plaintiff-appellant.

Susan V. Boleyn, William B. Hill, Jr., Asst. Attys. Gen., Atlanta, Ga., for defendant-appellee.

Before FAY and KRAVITCH, Circuit Judges, and ATKINS, District Judge.

Rehearing En Banc Granted March 6, 1984.

FAY, Circuit Judge:

Petitioner, Curfew Davis, was convicted of murder in Georgia state court in 1974 and was sentenced to death for the murder charge. After an unsuccessful effort to obtain a writ of habeas corpus in state court, Davis brought this petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1976). The district court denied the petition without holding an evidentiary hearing. We reverse and grant...

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