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GRACE v. HOPPER

No. 77-1728.

566 F.2d 507 (1978)

Hamp GRACE, Petitioner-Appellee, v. Joseph HOPPER, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 15, 1978.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., G. Stephen Parker, Robert S. Stubbs, II, Richard L. Chambers, John C. Walden, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellant.

James C. Bonner, Jr., Legal Aid & Defender Society, Athens, Ga., for petitioner-appellee.

Before BROWN, Chief Judge, THORNBERRY and MORGAN, Circuit Judges.

THORNBERRY, Circuit Judge:

This is a habeas corpus case brought pursuant to 28 U.S.C. §§ 2241, 2254, in which the district court granted the writ. Subsequent decisions of the United States Supreme Court and the Supreme Court of Georgia, of which the district court did not have benefit, convince us that the judgment of that court must be reversed.

Hamp Grace was convicted of murder in a jury trial and sentenced to life imprisonment. His sole defense...

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