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ALDERMAN v. AUSTIN

No. 80-7820.

695 F.2d 124 (1983)

Jack E. ALDERMAN, Petitioner-Appellee, v. Sam AUSTIN, Warden, Georgia State Prison, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

January 10, 1983.

Attorney(s) appearing for the Case

Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for Respondent-appellant.

Bruce H. Morris, American Civil Liberties Union, Atlanta, Ga., Jack Greenberg, James Nabrit, III, John Charles Boger, Deborah Fins and Anthony G. Amsterdam, NAACP Legal Defense and Educ. Fund, Inc., New York City, for petitioner-appellee.

Joel Berger, New York City, for amicus curiae.

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.

JAMES C. HILL, Circuit Judge:

On rehearing en banc,1 this court reviews a district court determination2 that Jack E. Alderman, a prisoner sentenced to death by the State of Georgia for the murder of his wife, should be granted habeas corpus relief under 28 U.S.C. § 2254 (1976). We affirm in part, reverse in part, and remand.

I

The petitioner...

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