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WATERS v. THOMAS

No. 88-8935.

46 F.3d 1506 (1995)

Eurus Kelly WATERS, Petitioner-Appellant, v. Albert G. THOMAS, Warden Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied April 4, 1995.

Attorney(s) appearing for the Case

James M. Doyle, Deputy Chief Counsel, Public Counsel Div., The Com. of Massachusetts, Committee for Public Counsel Services, Boston, MA, Wade W. Herring, II, Savannah, GA, for appellant.

Paula Smith, Asst. Atty. Gen., Atlanta, GA, for appellee.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges, and CLARK, Senior Circuit Judge.

ANDERSON and CARNES, Circuit Judges:1

Eurus Kelly Waters kidnapped Anita Paseur, age sixteen, and Kathryn Culpepper, age thirty-five, who had been fishing on Jekyll Island, Georgia. At gunpoint, he forced the women to march into the woods, where he handcuffed them together. Waters orally sodomized Ms. Culpepper. Then he shot her. After shooting the older woman, Waters shot her young friend. At some point, he tore the teenager's clothes...

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