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CAPE v. FRANCIS

No. 83-8341.

741 F.2d 1287 (1984)

Garnett William CAPE, Petitioner-Appellant, v. Robert FRANCIS, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 31, 1984.

Attorney(s) appearing for the Case

Stephen B. Bright, Atlanta, Ga., Ronald J. Tabak, John Charles Boger, New York City, for petitioner-appellant.

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

Before HENDERSON and HATCHETT, Circuit Judges, and JONES, Senior Circuit Judge.

ALBERT J. HENDERSON, Circuit Judge:

Garnett William Cape, a Georgia state prisoner under sentence of death, appeals an order of the United States District Court for the Middle District of Georgia denying his petition for writ of habeas corpus. Cape assigns as error (1) the admission into evidence of expert psychiatric opinion testimony in violation of his constitutional privilege against compelled self-incrimination and his constitutional right to assistance of counsel...

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