MITCHELL v. KEMP

No. 83-8649.

762 F.2d 886 (1985)

William "Billy" MITCHELL, Petitioner-Appellant, v. Ralph KEMP, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied July 11, 1985.


Attorney(s) appearing for the Case

James S. Liebman, John C. Boger, New York City, Anthony G. Amsterdam, N.Y. University Law School, New York City, Michael L. Rugen, Andrea Asaro, Andrew W. Char, San Francisco, Cal., Robert Weisberg, Stanford Law School, Stanford, Cal., for petitioner-appellant.

Susan V. Boleyn, Atlanta, Ga., for respondent-appellee.

Before RONEY, FAY and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 11, 1985.

RONEY, Circuit Judge:

William "Billy" Mitchell pled guilty to murder and was sentenced to death. On appeal from the district court's denial of habeas corpus relief, Mitchell raises three issues: (1) whether the district court should have conducted an evidentiary hearing on his assertion that the death penalty in Georgia is being administered in an arbitrary and racially discriminatory manner; (2) whether...

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