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THOMAS v. KEMP

No. 84-8807.

800 F.2d 1024 (1986)

Joseph THOMAS, Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic & Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 9, 1986.

Attorney(s) appearing for the Case

Joseph M. Nursey, Millard C. Farmer, Atlanta, Ga., for petitioner-appellant.

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before RONEY, Chief Judge, FAY and JOHNSON, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

In Thomas v. Kemp, 766 F.2d 452 (11th Cir.1985), this Court reversed a denial of habeas corpus relief and held in this capital case that a jury instruction, which violated the principle established in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979), was not harmless beyond a reasonable doubt...

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