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COLLINS v. KEMP

No. 86-8439.

792 F.2d 987 (1986)

Roger COLLINS, Petitioner/Appellant, Cross-Appellee, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent/Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 9, 1986.

Attorney(s) appearing for the Case

Christine A. Freeman, Nashville, Tenn., Bryan Stevenson, Ralph Goldberg, Atlanta, Ga., for petitioner/appellant, cross-appellee.

William B. Hill, Jr., Asst. Atty. Gen. of Ga., Atlanta, Ga., for respondent/appellee, cross-appellant.

Before TJOFLAT, VANCE and KRAVITCH, Circuit Judges.

BY THE COURT:

In this second habeas corpus petition, death row inmate Collins raises three claims: (1) the instructions at his trial impermissibly shifted the burden of proof regarding intent; (2) he was subjected to police initiated interrogation after he had invoked his sixth amendment right to counsel; and (3) the state's closing argument amounted to prosecutorial misconduct. Collins filed this petition on May 13, 1986. On May 23, 1986, the district court, sua...

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