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THIGPEN v. THIGPEN

No. 89-7368.

926 F.2d 1003 (1991)

Donald THIGPEN, Petitioner-Appellant, v. Morris THIGPEN, Commissioner, Alabama Department of Corrections, Willie D. Johnson, Warden, Holman Unit, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 29, 1991.

Attorney(s) appearing for the Case

John Charles Boger, Steven Wayne Hawkins, Steven A. Reiss, New York University School of Law, New York City, for petitioner-appellant.

Ed Carnes, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before TJOFLAT, Chief Judge, ANDERSON and COX, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 29, 1991.

TJOFLAT, Chief Judge:

Donald Thigpen appeals from the district court's refusal to grant a writ of habeas corpus, pursuant to 28 U.S.C. § 2254 (1988), setting aside his conviction. Thigpen was convicted of first-degree murder by an Alabama court and sentenced to death under Ala.Code § 13-1-75 (1975) (repealed 1980), which established a mandatory death penalty for those who committed first-degree...

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