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SMITH v. NEWSOME

Nos. 87-8314, 87-8477.

876 F.2d 1461 (1989)

Gene SMITH, Petitioner-Appellant, v. Lanson NEWSOME and Michael Bowers, Respondents-Appellees. Danny SMITH, Petitioner-Appellant, v. Lansome NEWSOME and Attorney General for the State of Georgia, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 19, 1989.

Attorney(s) appearing for the Case

Warren Ott, King & Spalding, Atlanta, Ga., (court appointed), for gene smith.

Raymond Kelley, Westmoreland, Patterson & Moseley, Macon, Ga., (court appointed), for Danny Smith.

Mary Beth Westmoreland, Asst. Atty. Gen., State Law Dept., Atlanta, Ga., for respondents-appellees.

Before JOHNSON and EDMONDSON, Circuit Judges, and NICHOLS, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

Gene Lamar Smith ("Gene") and Danny Smith ("Danny") were indicted in Colquitt County, Georgia, for burglary and murder and were tried separately. Gene was convicted of both charges and was sentenced to consecutive terms of life and twenty years. Danny was convicted of felony murder and burglary, but the court set the burglary conviction aside as a lesser included offense. Danny was sentenced to life imprisonment. The Supreme Court of Georgia...

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