MATHIS v. ZANT

Civ. A. No. 1:87-cv-2355-MHS.

851 F.Supp. 1572 (1994)

James MATHIS, Petitioner, v. Walter ZANT, Respondent.

United States District Court, N.D. Georgia, Atlanta Division.

May 11, 1994.


Attorney(s) appearing for the Case

Michael Raymond Hauptman, Hauptman & Rothstein, Atlanta, GA, for plaintiff.

William Bradley Hill, Jr. and Dennis Robert Dunn, Office of State Atty. Gen., Atlanta, GA, for defendant.


ORDER

SHOOB, Senior District Judge.

This action is on remand from the Eleventh Circuit Court of Appeals. The Court concludes that petitioner's claim of mental retardation is an unexhausted claim and dismisses this petition without prejudice.

PROCEDURAL HISTORY

In May 1981, a Georgia jury convicted petitioner on two counts of murder, kidnapping, and armed robbery. Defendant was sentenced to death on his murder convictions....

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