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BIRT v. MONTGOMERY

No. 82-8156.

725 F.2d 587 (1984)

Billy Sunday BIRT, Petitioner-Appellant, v. Charles N. MONTGOMERY, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied March 19, 1984.

Attorney(s) appearing for the Case

John C. Boger, New York City, and Eric G. Kocher, Atlanta, Ga., for petitioner-appellant.

Charles E. Brown, Mary Beth Westmoreland, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

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

Rehearing and Rehearing En Banc Denied March 19, 1984.

R. LANIER ANDERSON, Circuit Judge:

Billy Sunday Birt appeals the denial of his federal habeas corpus petition. That petition raised several constitutional challenges to Birt's state court conviction. The district court denied Birt's claims without conducting an evidentiary hearing. We affirm.

I. FACTS

In January of 1975, a Jefferson County, Georgia, grand jury returned an indictment charging...

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