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WIGGERFALL v. JONES

No. 89-7022.

918 F.2d 1544 (1990)

Elzra WIGGERFALL, Petitioner-Appellant, v. Charlie JONES, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 14, 1990.

Attorney(s) appearing for the Case

Alison M. MacDonald, Mobile, Ala., for petitioner-appellant.

Fred Bell, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before HATCHETT and ANDERSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

In Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), the Supreme Court of the United States held that the defendant was convicted of capital murder in violation of due process when the jury that passed judgment on him was precluded by Alabama statute from finding him guilty of lesser included noncapital offenses. Elzra Wiggerfall was convicted and sentenced to life imprisonment...

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