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McCORQUODALE v. BALKCOM

No. 82-8011.

705 F.2d 1553 (1983)

Timothy Wesley McCORQUODALE, Petitioner-Appellant, v. Charles BALKCOM, Warden, Georgia State Prison, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended June 10, 1983.

Opinion on Granting of Rehearing June 30, 1983.

Attorney(s) appearing for the Case

John R. Myer, Atlanta, Ga., John Charles Boger, Anthony Amsterdam, New York City, for petitioner-appellant.

H. Allen Moye, Janice G. Hildenbrand, Asst. Atty. Gen., Atlanta, Ga., for respondents-appellees.

Before KRAVITCH, HATCHETT, and CLARK, Circuit Judges.

Opinion on Granting of Rehearing En Banc June 30, 1983.

CLARK, Circuit Judge:

Timothy Wesley McCorquodale was tried and convicted of first-degree murder by a jury in the Superior Court of Fulton County, Georgia.1 The judge, acting upon the jury's recommendation of the death penalty, sentenced appellant to death. On direct appeal, the Georgia Supreme Court affirmed the conviction and sentence...

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