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HORTON v. ZANT

No. 90-8522.

941 F.2d 1449 (1991)

Jimmy Lee HORTON, Petitioner-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 31, 1991.

Attorney(s) appearing for the Case

Andrew L. Lipps, Swidler, Berlin, Chtd., Washington, D.C., Stephen B. Bright, Atlanta, Ga., for petitioner-appellant.

Paula K. Smith, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before JOHNSON, BIRCH and DUBINA, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 31, 1991.

JOHNSON, Circuit Judge:

The petitioner, Jimmy Lee Horton, under a sentence of death, appeals the district court's denial of his habeas petition. We reverse the district court's disposition of the case on three of the claims. In doing so, we note that each of the claims constitutes an independent basis for granting the writ.

I. STATEMENT OF THE CASE

A. Background Facts

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