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BAKER v. MONTGOMERY

No. 85-8799.

811 F.2d 557 (1987)

Lilton BAKER, Petitioner-Appellee, v. Charles MONTGOMERY, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 2, 1987.

Attorney(s) appearing for the Case

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

Floyd Buford, Jr., Macon, Ga., for petitioner-appellee.

Before HILL and FAY, Circuit Judges, and MORGAN, Senior Circuit Judge.

HILL, Circuit Judge:

Defendant Lilton Baker is currently serving a life sentence for murder, a fifteen year sentence for aggravated battery, a fifteen year sentence for two counts of incest and a twelve month sentence for simple battery. Defendant brought this present petition for a writ of habeas corpus challenging his incarceration by the state of Georgia. The United States District Court for the Middle District of Georgia granted the petition with respect to the...

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