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POTTS v. KEMP

No. 83-8087.

814 F.2d 1512 (1987)

Jack Howard POTTS, Petitioner-Appellee, Cross-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 30, 1987.

Attorney(s) appearing for the Case

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

Millard C. Farmer, Joe Nursey, Atlanta, Ga., for petitioner-appellee, cross-appellant.

Before HILL and VANCE, Circuit Judges, and TUTTLE, Senior Circuit Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

VANCE, Circuit Judge:

The Supreme Court has remanded this habeas corpus action for our reconsideration in light of Francis v. Franklin, 471 U.S. 307, 105 S.Ct. 1965, 85 L.Ed.2d 344 (1985), and Rose v. Clark, ___ U.S. ___, 106 S.Ct. 3101, 92 L.Ed.2d 460 (1986). The facts of the underlying Forsyth County murder case, culminating in petitioner Potts' death sentence...

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