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MORGAN v. ZANT

No. 84-8208.

743 F.2d 775 (1984)

Alphonso MORGAN, Petitioner-Appellant, v. Walter D. ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 21, 1984.

Attorney(s) appearing for the Case

William E. Hoffmann, Jr., Norman P. Stein, Atlanta, Ga., for petitioner-appellant.

Michael J. Bowers, Atty. Gen., Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before HILL and HENDERSON, Circuit Judges, and WISDOM, Senior Circuit Judge.

JAMES C. HILL, Circuit Judge:

In 1977, Alphonso Morgan was tried in the Superior Court of Richmond County, Georgia for the murder of James Gray. A jury found him guilty and fixed punishment at death. After exhausting state remedies, Morgan petitioned for the writ of habeas corpus in federal district court. He appeals from the district court's denial of relief. 582 F.Supp. 1026 (1984). Because we find the instruction given the...

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