ZANT v. FOSTER

Nos. S91A0197, S91A0198 and S91A0199.

406 S.E.2d 74 (1991)

261 Ga. 450

ZANT, Warden v. FOSTER. FOSTER v. The STATE. The STATE v. FOSTER.

Supreme Court of Georgia.

Reconsideration Denied July 24, 1991.


Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Sr. Asst. Atty. Gen., Department of Law, Paula K. Smith, Asst. Atty. Gen., State Law Dept., Atlanta, for Zant.

J. Douglas Stewart, Stewart, Melvin & House, Gainesville, Benna Kushlefsky, Georgia Resource Center, Atlanta, for Foster.

Steve Lanier, Dist. Atty., Office Of Dist. Atty., Rome, for atty. register.

Rosemary Kittrell, Pros. Atty's. Council of Ga., Smyrna, for other party representation.

Michael J. Bowers, Atty. Gen., Paula K. Smith, Asst. Atty. Gen., State Law Dept., Steve Lanier, Dist. Atty., Office of Dist. Atty., Rome, for the state.

Robert M. Brinson, Brinson, Askew & Berry, Rome, for atty. register.

Michael J. Bowers, Atty. Gen., Paula K. Smith, Asst. Atty. Gen., State Law Dept., Atlanta, for atty. register.


CLARKE, Chief Justice.

In 1987, Timothy Tyrone Foster was convicted and sentenced to death by a jury in Floyd County. We affirmed. Foster v. State, 258 Ga. 736, 374 S.E.2d 188 (1988), cert. denied 490 U.S. 1085, 109 S.Ct. 2110, 104 L.Ed.2d 671. Foster filed a petition for writ of habeas corpus in the superior court of Butts County, claiming, inter alia, that he is mentally retarded. According...

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