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DOBBS v. TURPIN

Nos. 95-8244, 97-8636.

142 F.3d 1383 (1998)

Wilburn DOBBS, Petitioner-Appellant, v. Tony TURPIN, Warden, Georgia Diagnostic and Classification Prison, Respondent-Appellee. Wilburn DOBBS, Petitioner-Appellee, v. Tony TURPIN, Warden, Georgia Diagnostic and Classification Prison, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 9, 1998.

Attorney(s) appearing for the Case

Michael Kennedy McIntyre, John R. Martin, Martin Brothers, P.C., Atlanta, GA, for Dobbs.

Thurbert Baker, Atty. Gen., Susan V. Boleyn, Asst. Atty. Gen., State Law Dept., Atlanta, GA, for Turpin.

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

HATCHETT, Chief Judge:

In this capital case, we (1) affirm the district court's finding that Wilburn Dobbs received ineffective assistance of counsel during the sentencing phase of his trial, (2) grant the petition for writ of habeas corpus and (3) remand the case for resentencing.

I. BACKGROUND

On May 22, 1974, a jury in the Superior Court of Walker County, Georgia, convicted Dobbs on two counts of aggravated...

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