MILLER v. KING

No. 02-13348.

449 F.3d 1149 (2006)

Tracy MILLER, Plaintiff-Appellant, United States of America, Intervenor, v. Ronald KING, Defendant-Appellee, Wayne Garner, The State of Georgia, The Georgia Department of Corrections, Johnny Sikes, Defendants.

United States Court of Appeals, Eleventh Circuit.

May 17, 2006.


Attorney(s) appearing for the Case

Sarah M. Shalf (Court-Appointed), Bondurant, Mixson & Elmore, Atlanta, GA, for Miller.

David Victor Weber, Augusta, GA, David E. Lansford, Atlanta, GA, for U.S.

Sarah E. Harrington, Kevin Russell, U.S. Dept. of Justice-Civ. Rights, App., Washington, DC, for U.S.

Before CARNES, HULL and HILL, Circuit Judges.


PER CURIAM:

In light of the Supreme Court's decision in United States v. Georgia, ___ U.S. ___, 126 S.Ct. 877, 163 L.Ed.2d 650 (2006), we vacate in full our prior opinion in Miller v. King, 384 F.3d 1248 (11th Cir.2004), and substitute the following in its place.

I. APPEAL

On appeal Tracy Miller ("Miller") argues that: (1) the jury's verdict on his due process and retaliation claims was not supported...

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