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FAIR v. ZANT

No. 82-8757.

715 F.2d 1519 (1983)

Keith FAIR, Plaintiff-Appellee, Cross-Appellant, v. Walter D. ZANT, Warden, Georgia Diagnostic Classification Center, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 26, 1983.

Attorney(s) appearing for the Case

Nicholas G. Dumich, Sp. Asst. Atty. Gen., Susan Boleyn, Asst. Atty. Gen., Atlanta, Ga., for defendant-appellant, cross-appellee.

Bruce S. Harvey, Mark V. Spix, Atlanta, Ga., for plaintiff-appellee, cross-appellant.

Before VANCE and CLARK, Circuit Judges, and SWYGERT, Senior Circuit Judge.

VANCE, Circuit Judge:

This case comes before us on an appeal and cross-appeal from the district court's decision granting Keith Fair's petition for a writ of habeas corpus. Fair sought habeas relief on the ground, inter alia, that the trial judge improperly refused to permit him to withdraw his guilty plea after the oral announcement of the death sentence. The state supreme court affirmed. Fair v. State, 245 Ga. 868, ...

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