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SPENCER v. ZANT

No. 82-8408.

715 F.2d 1562 (1983)

James Lee SPENCER, Petitioner, v. Walter D. ZANT, Superintendent, Georgia Diagnostic & Classification Center, Respondent.

United States Court of Appeals, Eleventh Circuit.

Opinion on Granting of Rehearing December 13, 1983.

Attorney(s) appearing for the Case

Edward D. Tolley, Athens, Ga., Anthony G. Amsterdam, John Charles Boger, Jack Greenberg, James M. Nabrit, III, Joel Berger, Deborah Fins, James S. Liebman, New York City, for petitioner.

Virginia H. Jeffries, Atlanta, Ga., for respondent.

Before KRAVITCH and JOHNSON, Circuit Judges, and LYNNE, District Judge.

Opinion on Granting of Rehearing En Banc December 13, 1983.

JOHNSON, Circuit Judge:

James Lee Spencer was convicted of murder, aggravated assault, and escape in Georgia state court in 1975. He was sentenced to death for the murder charge and to two concurrent ten year terms for the assault and escape charges. After an unsuccessful effort to obtain a writ of habeas corpus in state court, Spencer brought this petition for a federal writ of habeas corpus under...

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