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STEPHENS v. KEMP

Civ. A. No. 84-484-1-MAC.

602 F.Supp. 960 (1984)

Alpha Otis O'Daniel STEPHENS, Petitioner, v. Ralph KEMP, Superintendent, Georgia Diagnostic and Classification Center, Respondent.

United States District Court, M.D. Georgia, Macon Division.

December 6, 1984.

Attorney(s) appearing for the Case

Sumner & Hewes, William Sumner, Quintus W. Sibley, Atlanta, Ga., Thomas M. Lahiff, Jr., Kathryn Keneally, New York City, Kilpatrick & Cody, Virginia Taylor, Atlanta, Ga., for petitioner.

William B. Hill, Jr., Senior Asst. Atty. Gen., Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent.

OWENS, Chief Judge:

Petitioner Alpha Otis O'Daniel Stephens is before this court on his third application for habeas corpus relief under 28 U.S.C.A. § 2254 (West 1977).1 In his petition, petitioner asserts only one claim in support of his prayer for relief: the inadequacy of the trial court's instructions to the jury regarding the meaning and role of mitigating circumstances.

The...

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