POTTS v. ZANT

No. 83-8087.

734 F.2d 526 (1984)

Jack Howard POTTS, Petitioner-Appellee, Cross-Appellant, v. Walter D. ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 29, 1984.


Attorney(s) appearing for the Case

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant, cross-appellee.

Millard C. Farmer, Atlanta, Ga., for petitioner-appellee, cross-appellant.

Before HILL and VANCE, Circuit Judges, and TUTTLE, Senior Circuit Judge.


VANCE, Circuit Judge:

The state of Georgia appeals, and the petitioner cross-appeals, the decision of the district court granting habeas corpus relief in both of the cases involved in this consolidated proceeding. Potts v. Zant, 575 F.Supp. 374 (N.D.Ga.1983). We reach the same result as the district court, requiring a new guilt/innocence trial in No. C80-1078A and a new sentencing trial in No. C80-50G.

The petitioner...

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