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BROWN v. HEAD

No. 03-15614.

349 F.3d 1291 (2003)

James Willie BROWN, Petitioner-Appellant, v. Fred HEAD, Warden, Georgia Diagnostic Prison, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 4, 2003.

Attorney(s) appearing for the Case

Jeffrey Lyn Ertel (Court-Appointed), Fed. Defender Program, Inc., Atlanta, GA, for Petitioner-Appellant.

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

Before CARNES, BARKETT and HULL, Circuit Judges.

PER CURIAM:

James Willie Brown is a Georgia death row inmate who is facing execution tonight for a rape and murder he committed twenty-eight years ago. After his original conviction and sentence, obtained in 1981, were set aside in a federal habeas corpus proceeding in 1988, Brown was retried, re-convicted and re-sentenced to death in 1990. Following exhaustion of his state court remedies, Brown filed a federal habeas corpus petition in 1997 seeking relief from his...

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