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RITTER v. THIGPEN

No. 87-7517.

828 F.2d 662 (1987)

Wayne E. RITTER, Petitioner-Appellant, v. Morris THIGPEN, Commissioner, Alabama Department of Corrections, and Willie Johnson, Warden, Holman Unit, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 27, 1987.

Attorney(s) appearing for the Case

David A. Bagwell, John Bertolotti, Jr., Mobile, Ala., for petitioner-appellant.

Don Siegelman, Atty. Gen. of Ala., Ed Carnes, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before RONEY, Chief Judge, JOHNSON and ANDERSON, Circuit Judges.

PER CURIAM:

This case comes before the court on a motion for certificate of probable cause to appeal from a denial of Wayne E. Ritter's second petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, in this death penalty case, and to stay the execution presently set for 12:01 a.m., Friday, August 28, 1987.

Petitioner was tried and convicted of capital murder and sentenced to death in 1977 in an Alabama...

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