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SMITH v. KEMP

Civ. A. No. 86-8-ATH.

664 F.Supp. 500 (1987)

William Alvin SMITH, Petitioner, v. Ralph KEMP, Warden, Georgia Diagnostic & Classification Center, Respondent.

United States District Court, M.D. Georgia, Athens Division.

July 10, 1987.

Attorney(s) appearing for the Case

J. Robert Daniel, Macon, Ga., Stephen H. Glickman, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., Stephen B. Bright, Atlanta, Ga., for petitioner.

Dennis R. Dunn, Asst. Atty. Gen., Atlanta, Ga., for respondent.

FITZPATRICK, District Judge.

This case is before the court on Petitioner's motion for a writ of habeas corpus. Because the court has concluded that Petitioner's habeas should be granted on one count contained in Petitioner's petition, the court will not address all of the other counts in the petition. The facts relevant to the count on which the habeas is granted are set forth below. The ground on which the court has decided to grant Smith's habeas concerns his waiver...

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