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PRESNELL v. ZANT

No. 90-8770.

959 F.2d 1524 (1992)

Virgil Delano PRESNELL, Jr., Petitioner-Appellee, Cross-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, et al., Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 15, 1992.

Attorney(s) appearing for the Case

Paula K. Smith, Asst. Atty. Gen., Susan V. Boleyn, Atlanta, Ga., for respondents-appellants, cross-appellees.

John L. Taylor, Jr., Vincent, Chorey, Taylor & Feil, Mildred A. Hankins, Atlanta, Ga., for petitioner-appellee, cross-appellant.

Before TJOFLAT, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.

TJOFLAT, Chief Judge:

Virgil Delano Presnell, Jr., is a Georgia prison inmate. Presnell stands convicted of murder, statutory rape, kidnapping with bodily injury, and kidnapping. He faces a death sentence on the murder conviction, and prison sentences on the remaining convictions.

The United States District Court for the Northern District of Georgia granted Presnell's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1988) with respect...

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