BROOKS v. KEMP

No. 83-8028.

809 F.2d 700 (1987)

William Anthony BROOKS, Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 16, 1987.


Attorney(s) appearing for the Case

Stephen B. Bright, August F. Siemon, George H. Kendall, Atlanta, Ga., for petitioner-appellant.

Michael J. Bowers, Atty. Gen., Robert S. Stubbs, II, Executive Asst. Atty. Gen., Marion O. Gordon, First Asst. Atty. Gen., William B. Hill, Jr., Asst. Atty. Gen., Mary Beth Westmoreland, Atlanta, Ga., for respondent-appellee.

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


PER CURIAM:

This case was remanded to this court by the Supreme Court of the United States, ___ U.S. ___, 106 S.Ct. 3325, 92 L.Ed.2d 732 for further consideration in light of Rose v. Clark, 478 U.S. 570, 106 S.Ct. 3101, 92 L.Ed.2d 460 (1986). In that case the Supreme Court held that a jury instruction in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979...

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