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PEOPLES v. CAMPBELL

No. 98-6882.

377 F.3d 1208 (2004)

John W. PEOPLES, Jr., Petitioner-Appellant, v. Donal CAMPBELL, Commissioner of the Alabama Department of Corrections, Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Perry D. Mathis, Birmingham, AL, William C. Cagney (Court-Appointed), Windels, Marx, Lane & Mittendorf LLP, New Brunswick, NJ, for Petitioner-Appellant.

Beth Jackson Hughes, Montgomery, AL, for Respondents-Appellees.

Before TJOFLAT, ANDERSON and MARCUS, Circuit Judges.

TJOFLAT, Circuit Judge:

On December 7, 1983, in the Circuit Court for Talladega County, Alabama, a jury found the Petitioner, John W. Peoples, Jr., guilty on five counts of capital murder.1 The trial judge accepted the jury's sentencing recommendations2 and on January 27, 1984, sentenced Peoples to death on each count. After exhausting his direct-appeal and post-conviction...

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