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GARY v. HALL

No. 04-15535.

558 F.3d 1229 (2009)

Carlton Michael GARY, Petitioner-Appellant, v. Hilton HALL, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 12, 2009.

Attorney(s) appearing for the Case

Carlton Michael Gary, GA Diag & Class Pris-Perm, Jackson, GA, John R. Martin (Court-Appointed), Martin Brothers, P.C., Atlanta, Ga, Michael K. Mclntyre (Court-Appointed), Atlanta, GA, Harriet Victoria Smith (Court-Appointed), Michael Kennedy Mclntyre & Associates, Atlanta, GA, for Gary.

Susan V. Boleyn, State Law Dept., Atlanta, GA, for Hall

Before TJOFLAT, WILSON and ANDERSON, Circuit Judges.

TJOFLAT, Circuit Judge:

Twenty-two years ago, in the Superior Court of Muscogee County, Georgia, twelve jurors unanimously found Carlton Gary guilty of three counts of murder, rape, and burglary. As a result of the murder convictions, Gary was sentenced to death. Since then, he has pursued every possible legal avenue available to him to obtain a new trial. In all, his convictions and death sentences have been reviewed on at least ten separate occasions. In each instance...

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