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WATERS v. KEMP

No. 86-8889.

845 F.2d 260 (1988)

Eurus Kelly WATERS, Plaintiff-Appellee, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 29, 1988.

Attorney(s) appearing for the Case

Paula K. Smith, Asst. Atty. Gen. of Ga., William B. Hill, Jr., Asst. Atty. Gen., Atlanta, Ga., for defendant-appellant.

James M. Doyle, Georgetown University of Law Center, Washington, D.C., Lee Mundell, II, Leonard J. Panzitta, Wade W. Herring, II, Hunter, Maclean, Exley, & Dunn, P.C., Savannah, Ga., George Kendall, Atlanta, Ga., for plaintiff-appellee.

Before TJOFLAT, HATCHETT and CLARK, Circuit Judges.

TJOFLAT, Circuit Judge:

Petitioner is a Georgia prison inmate, having been convicted of two counts of murder and sentenced to death in January 1980. Proceeding in forma pauperis, he seeks a writ of habeas corpus nullifying his convictions and death sentences on several constitutional grounds. None of these grounds is pertinent to this interlocutory appeal, which respondent, the warden at petitioner's prison, has taken pursuant to 28 U.S.C. § 1292(b) (Supp. II...

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