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SPIVEY v. HEAD

No. 98-8288.

207 F.3d 1263 (2000)

Ronald Keith SPIVEY, Petitioner-Appellant, v. Frederick J. HEAD, Warden, Georgia Diagnostic and Classification Prison, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 28, 2000.

Attorney(s) appearing for the Case

William J. Mertens, Swidler & Berlin, Chartered, Washington, DC, for Petitioner-Appellant.

Paula Khristian Smith, GA Dept. of Law, Atlanta, GA, for Respondent-Appellee.

Before ANDERSON, Chief Judge, CARNES and BARKETT, Circuit Judges.

ANDERSON, Chief Judge:

Ronald Keith Spivey, convicted of murder, kidnaping, armed robbery, and aggravated assault in the state courts of Georgia and sentenced to death, appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated below, we affirm.

I. FACTUAL & PROCEDURAL BACKGROUND

Ronald Spivey began the evening of December...

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