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BERRYHILL v. ZANT

No. 87-8508.

858 F.2d 633 (1988)

Michael Gene BERRYHILL, Petitioner-Appellee, Cross-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 29, 1988.

Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., William B. Hill, Jr., Susan V. Boleyn, Sr. Asst. Attys. Gen., Atlanta, Ga., for Zant.

Stephen G. Milliken, Milliken, Van Susteren and Canan, Washington, D.C., Stephen B. Bright, Atlanta, Ga., for Berryhill.

Before TJOFLAT, VANCE and CLARK, Circuit Judges.

TJOFLAT, Circuit Judge:

I.

The petitioner in this case, Michael Gene Berryhill, is a Georgia death row inmate. In 1975, a jury in Bartow County, Georgia convicted him on charges of felony murder and armed robbery. At the conclusion of petitioner's sentencing hearing, the jury returned a verdict imposing the death penalty. The Supreme Court of Georgia affirmed the conviction and sentence on direct appeal. Berryhill v. State, 235 Ga....

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