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SPENCER v. KEMP

No. 82-8408.

781 F.2d 1458 (1986)

James Lee SPENCER, Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic & Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 23, 1986.

Attorney(s) appearing for the Case

Edward D. Tolley, Athens, Ga., Anthony G. Amsterdam, John Charles Boger, Jack Greenberg, James N. Nabrit, III, Joel Berger, Deborah Fins, James S. Liebman, New York City, for petitioner-appellant.

William Hill, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

William Sumner, Quintus W. Sibley, Atlanta, Ga., Thomas M. Lahiff, Jr., Skadden, Arps, Slate, Meagher & Flom, New York City, for amicus-alpha Otis O'Daniel Stephens.

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

HILL, Circuit Judge:

Petitioner James Lee Spencer was convicted of murder and sentenced to death in Georgia state court in 1975.1 The Georgia Supreme Court upheld the conviction and sentence on direct appeal in 1976. Spencer v. State, 236 Ga. 697, 224 S.E.2d 910 (1976), cert. denied, 429 U.S. 932, 97 S.Ct. 339, 50 L.Ed.2d 302 (1976). In 1977, Spencer filed...

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