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SMITH v. NEWSOME

No. 86-8325.

815 F.2d 1386 (1987)

Richard James SMITH, Sr., Petitioner-Appellant, v. Lanson NEWSOME, Warden and Michael Bowers, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 17, 1987.

Attorney(s) appearing for the Case

L. David Wolfe, L. David Wolfe & Associates, Atlanta, Ga., for petitioner-appellant.

Eddie Snelling, Jr., Law Dept., State of Georgia, Paula K. Smith, Atlanta, Ga., for respondents-appellees.

Before VANCE and KRAVITCH, Circuit Judges, and BROWN, Senior Circuit Judge.

VANCE, Circuit Judge:

Richard James Smith, Sr. appeals a denial of his application for habeas corpus relief. In a joint trial with a co-defendant held in the Superior Court of Fulton County, Georgia, Smith was convicted of aggravated assault, four counts of armed robbery and violation of Georgia's feticide statute. Smith's convictions were affirmed by the Supreme Court of Georgia in Brinkley v. State, 253 Ga. 541,

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