WALLACE v. KEMP

Civ. A. No. 83-72-ATH.

581 F.Supp. 1471 (1984)

Robert Lewis WALLACE, Petitioner, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent.

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

March 8, 1984.


Attorney(s) appearing for the Case

Elyse Aussenberg, American Civil Liberties Union of Ga., Hyatt Legal Services, Atlanta, Ga., Risa L. Lieberwitz, Whitney Point, N.Y., for petitioner.

Mary Beth Westmoreland, Atlanta, Ga., for respondent.


OWENS, Chief Judge:

Among the duties and responsibilities given United States district courts by Congress is that of considering and deciding applications of state prisoners for a writ of habeas corpus on the ground that the state prisoner "is in custody in violation of the Constitution or laws ... of the United States." 28 U.S.C. § 2254(a). This congressionally imposed duty and responsibility results in United States district courts — the trial courts...

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