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GUNN v. NEWSOME

No. 87-8287.

851 F.2d 1294 (1988)

Calvin GUNN, Petitioner-Appellee, v. Lanson NEWSOME, Warden, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

Order Granting Rehearing September 16, 1988.

Attorney(s) appearing for the Case

William B. Hill, Jr., Asst. Atty. Gen., Susan V. Boleyn, Atlanta, Ga., for respondent-appellant.

Steven F. Hauser, Coca-Cola Co., Atlanta, Ga. (court appointed), for petitioner-appellee.

Before KRAVITCH, Circuit Judge, HENDERSON, and HENLEY, Senior Circuit Judges.

Order Granting Rehearing In Banc September 16, 1988.

HENLEY, Senior Circuit Judge:

Respondent Lanson Newsome, Warden, Georgia State Prison (hereafter State), appeals from the district court's1 order granting habeas corpus relief to petitioner Calvin Gunn. 28 U.S.C. § 2254. We affirm the decision of the district court.

Gunn was convicted of malice murder following a jury trial...

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