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SMITH v. ZANT

No. 88-8436.

855 F.2d 712 (1988)

William Alvin SMITH, Petitioner-Appellant, Cross-Appellee, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 26, 1988.

Attorney(s) appearing for the Case

Stephen H. Glickman, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., Stephen B. Bright, Atlanta, Ga., for petitioner-appellant, cross-appellee.

William B. Hill, Jr., Dennis R. Dunn, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee, cross-appellant.

Before KRAVITCH, HATCHETT and ANDERSON, Circuit Judges.

KRAVITCH, Circuit Judge:

I.

William Alvin Smith, a Georgia prisoner, was convicted of armed robbery and malice murder and was sentenced to death for the offense of murder. On the morning of June 8, 1981, Smith walked from his home in Lexington, Georgia to a grocery store and service station owned by Daniel Lee Turner, an 82-year-old man known to Smith as "Mr. Dan." Only Smith now knows what happened inside the store, but it is not disputed that within a...

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