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DEVIER v. ZANT

Nos. 89-8628, 90-8571.

3 F.3d 1445 (1993)

Darrell Gene DEVIER, Sr., Petitioner-Appellee, Cross-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant, Cross-Appellee. Darrell Gene DEVIER, Sr., Petitioner-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 23, 1993.

Attorney(s) appearing for the Case

Dennis Dunn, Paula K. Smith, Asst. Attys. Gen., Atlanta, GA, for appellant.

Daniel I. Prywes, Pepper, Hamilton & Sheetz, Washington, DC, Arnold P. Peter, Los Angeles, CA, for appellee.

Before KRAVITCH and COX, Circuit Judges, and CLARK, Senior Circuit Judge.

PER CURIAM:

Petitioner Darrell Gene Devier, Sr. brought a petition for a writ of habeas corpus under 28 U.S.C. § 2254 seeking collateral relief from his convictions and sentence of death in Georgia state court for the murder and rape of Mary Frances Stoner. The district court granted the petition on the grounds that Devier had been unconstitutionally prejudiced by the introduction at his sentencing hearing of testimony...

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