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RITTER v. SMITH

No. 83-7486.

726 F.2d 1505 (1984)

Wayne E. RITTER, Petitioner-Appellant, v. Fred SMITH, Commissioner, Alabama Department of Corrections; and J.D. White, Warden, Holman Unit, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing April 9, 1984.

Attorney(s) appearing for the Case

John L. Carroll, Montgomery, Ala., for petitioner-appellant.

Edward Carnes, Asst. Atty. Gen., Charles A. Graddick, Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

Petitioner Wayne Eugene Ritter was tried and convicted of capital murder on April 26, 1977, in the Mobile County, Alabama, Circuit Court. The trial court sentenced him to death. After exhausting his review by way of direct appeal in the Alabama state courts, petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C.A. § 2254 in the United States District Court for the Southern...

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