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HICKS v. HEAD

No. 01-11621.

333 F.3d 1280 (2003)

Robert Karl HICKS, Petitioner-Appellant, v. Frederick J. HEAD, Warden, Georgia Diagnostic and Classification Prison, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 16, 2003.

Attorney(s) appearing for the Case

Robert L. McGlasson, II (Court-Appointed), Decatur, GA, for Petitioner-Appellant.

Susan V. Boleyn, State Law Dept., Atlanta, GA, for Respondent-Appellee.

Before EDMONDSON, Chief Judge, and BIRCH and DUBINA, Circuit Judges.

DUBINA, Circuit Judge:

Petitioner Robert Karl Hicks ("Hicks"), a death row inmate, appeals the district court's order denying him federal habeas relief pursuant to 28 U.S.C. § 2254. We granted Hicks's motion for a Certificate of Appealability ("COA")1 on a question of first impression for our circuit: whether violations of Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), are...

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