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NATION v. STATE OF GEORGIA

Civ. A. No. C 85-4669 A.

645 F.Supp. 179 (1986)

Shirley Ann NATION, Plaintiff, v. STATE OF GEORGIA and Earl Lee, Sheriff, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

October 7, 1986.

Attorney(s) appearing for the Case

Frank J. Petrella, Atlanta, Ga., for plaintiff.

Richard S. Thompson, Asst. Dist. Atty., Douglas Judicial Circuit, Douglasville, Ga., for defendants.

ORDER

VINING, District Judge.

The petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, seeking relief from a sentence imposed upon her by the Superior Court of Douglas County, Georgia. Although the magistrate has recommended that the petition be granted, this court, for the reasons given below, declines to adopt the recommendation of the magistrate.

Upon a jury's finding that the petitioner was guilty of the...

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