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LUCAS v. WALKER

No. S10A1099.

700 S.E.2d 596 (2010)

LUCAS v. WALKER.

Supreme Court of Georgia.

October 4, 2010.

Attorney(s) appearing for the Case

Sarah Gerwig-Moore , Macon, Joseph S. Key , McDonough, for appellant.

Thurbert E. Baker , Attorney General, Mary Beth Westmoreland , Deputy Assistant Attorney General, Paula K. Smith , Senior Assistant Attorney General, for appellee.

THOMPSON, Justice.

Petitioner Christopher Lucas appeals from the dismissal, without a hearing, of his second petition for a writ of habeas corpus. We granted a certificate of probable cause to appeal to determine whether the habeas court properly dismissed the petition as successive without conducting an evidentiary hearing.

Petitioner was convicted of malice murder, and this court affirmed the judgment of conviction. Lucas v. State, 

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