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WALLACE v. KEMP

No. 84-8297.

757 F.2d 1102 (1985)

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

United States Court of Appeals, Eleventh Circuit.

March 13, 1985.

Attorney(s) appearing for the Case

Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant, cross-appellee.

Elyse Aussenberg, Hyatt Legal Svcs., Atlanta, Ga., Risa L. Lieberwitz, N.Y. State School of Industrial & Labor Relations, Ithaca, N.Y., Frank L. Derrickson, Atlanta, Ga., for petitioner-appellee, cross-appellant.

Before HENDERSON and HATCHETT, Circuit Judges, and NICHOLS, Senior Circuit Judge.

ALBERT J. HENDERSON, Circuit Judge:

Robert Lewis Wallace was convicted in February, 1980, in the Superior Court of Greene County, Georgia, for murder, aggravated assault, motor vehicle theft and driving under the influence of alcohol. He received a sentence of death for the murder and twenty-eight consecutive years for the remaining offenses. After exhausting his state remedies, he filed the present petition for a writ of habeas corpus in the United States District...

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