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BOWEN v. KEMP

No. 84-8327.

769 F.2d 672 (1985)

Charlie Benson BOWEN, Petitioner-Appellee, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 6, 1985.

Attorney(s) appearing for the Case

Susan V. Boleyn, Asst. Atty. Gen., and William B. Hill, Jr., Atlanta, Ga., for respondent-appellant.

Paul H. Kehir, Atlanta, Ga. (Court-appointed), for petitioner-appellee.

Before FAY and JOHNSON, Circuit Judges, and YOUNG, District Judge.

FAY, Circuit Judge:

Petitioner, Charlie Benson Bowen, was convicted by a jury in Polk County, Georgia, of rape and murder. He was sentenced to life imprisonment for the rape charge and to death for the murder charge. Having exhausted his state court remedies, Bowen filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent, Ralph Kemp, Warden, Georgia Diagnostic and Treatment Center, appeals the district court's grant of the...

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