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MOORE v. ZANT

No. 91-8297.

972 F.2d 318 (1992)

Carzell MOORE, Petitioner-Appellant, v. Walter D. ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 31, 1992.

Attorney(s) appearing for the Case

Stephen B. Bright, Atlanta, Ga., for petitioner-appellant.

Susan V. Boleyn, Asst. Atty. Gen., Mary Beth Westmoreland, Sr. Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

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

PER CURIAM:

This is an appeal in a death penalty case. Because of the lack of an adequate jury instruction on the option to impose a life sentence under the circumstances, we earlier set aside Carzell Moore's sentence of death. Moore v. Kemp, 809 F.2d 702, 733 (11th Cir.1987) (en banc). We also remanded the case for an evidentiary hearing on whether there had been a violation of Brady v. Maryland,

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