PEEK v. KEMP

No. 82-8713.

746 F.2d 672 (1984)

David PEEK, Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Opinion on Granting Rehearing February 5, 1985.


Attorney(s) appearing for the Case

George H. Kendall, III, Russell F. Canan, Atlanta, Ga., for petitioner-appellant.

Mary B. Westmoreland, Nicholas G. Dumich, William B. Hill, Jr., Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before VANCE and CLARK, Circuit Judges, and SWYGERT, Senior Circuit Judge.


CLARK, Circuit Judge:

On July 28, 1976, David Peek was tried on two counts of murder and one count of kidnapping in a superior court in Greene County, Georgia. The jury reached a verdict of guilty on all counts at 12:45 a.m. the following day. The penalty phase commenced immediately upon return of the verdict, and Peek was sentenced to die. His convictions and death sentences with respect to the murders were affirmed on direct...

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