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THOMAS v. KEMP

No. 84-8807.

766 F.2d 452 (1985)

Joseph THOMAS, Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic & Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 12, 1985.

Attorney(s) appearing for the Case

Joseph M. Nursey, Atlanta, Ga., for petitioner-appellant.

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before RONEY, FAY and JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 12, 1985.

RONEY, Circuit Judge:

Joseph Thomas was convicted of felony murder, kidnapping, and armed robbery in Georgia and sentenced to death. On direct appeal the Supreme Court of Georgia affirmed the felony murder and kidnapping convictions and sentences but vacated the conviction and sentence for armed robbery on the ground that under state law a defendant may not be convicted and sentenced for both felony...

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