DIX v. KEMP

No. 84-8342.

763 F.2d 1207 (1985)

Horace William DIX, Petitioner-Appellee, Cross-Appellant, v. Ralph KEMP, Warden, Georgia State Prison, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 5, 1985.


Attorney(s) appearing for the Case

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

Joseph M. Nursey, Millard C. Farmer, August F. Siemon, Atlanta, Ga., for petitioner-appellee, cross-appellant.

Before TJOFLAT and JOHNSON, Circuit Judges, and DUMBAULD, District Judge.


JOHNSON, Circuit Judge:

Horace William Dix was convicted of murder in 1975 in the Superior Court of Clayton County, Georgia. He later sought post-conviction relief on several grounds, all of which were denied by the state courts. The federal district court granted a writ of habeas corpus on the ground that the state trial court's charge to the sentencing jury did not adequately explain the nature and function of mitigating circumstances. The district court declined...

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