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HIGH v. KEMP

No. 85-8989.

819 F.2d 988 (1987)

Jose Martinez HIGH, Petitioner-Appellee, Cross-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 4, 1987.

Attorney(s) appearing for the Case

Mary Beth Westmoreland, William B. Hill, Jr., Asst. Attys. Gen., Atlanta, Ga., for respondent-appellant, cross-appellee.

Bradley S. Stetler, Office of Public Defender, Burlington, Vt., Michael C. Garrett, Augusta, Ga., for petitioner-appellee, cross-appellant.

Before GODBOLD, HILL and ANDERSON, Circuit Judges.

HILL, Circuit Judge:

Defendant Jose Martinez High brought this federal habeas corpus petition challenging his incarceration by the state of Georgia. High was convicted in 1978 of murder, kidnapping (2 counts), armed robbery, possession of a firearm during the commission of a crime, and aggravated assault; he received a sentence of death for armed robbery, murder, and two counts of kidnapping. On direct appeal, the Georgia Supreme Court vacated the death penalty for...

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