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TUCKER v. KEMP

No. 83-8137.

802 F.2d 1293 (1986)

William Boyd TUCKER, Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended October 30, 1986.

Attorney(s) appearing for the Case

Robert B. Remar, Eric G. Kocher, Atlanta, Ga., for petitioner-appellant.

Mary Beth Westmoreland, Wm. B. Hill, Atlanta, Ga., for respondent-appellee.

Before RONEY, Chief Judge, GODBOLD, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

In Tucker v. Kemp, 762 F.2d 1480 (11th Cir.1985) (en banc), we concluded that, although the prosecutor had made several improper comments at the sentencing phase of Tucker's trial, his sentencing proceeding was not thereby rendered fundamentally unfair. On December 2, 1985, the Supreme Court granted Tucker...

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