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MITCHELL v. HOPPER

Civ. A. Nos. CV478-132, CV478-162 and CV179-247.

538 F.Supp. 77 (1982)

William "Billy" MITCHELL, Petitioner, v. Joe S. HOPPER, Warden, Georgia State Prison, Respondent. Willie X. ROSS, Petitioner, v. Joe S. HOPPER, Warden, Georgia State Prison, Respondent. James Lee SPENCER, Petitioner, v. Walter D. ZANT, Warden, Georgia Diagnostic & Classification Center, Respondent.

United States District Court, S. D. Georgia, Savannah and Augusta Division.

April 1, 1982.

Attorney(s) appearing for the Case

Bobby L. Hill, Savannah, Ga., for Mitchell.

C. B. King, Albany, Ga., for Ross.

Edward D. Tolley, Athens, Ga., for Spencer.

John C. Boger, New York City, for petitioners.

Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for Hopper.

William Hill, Asst. Atty. Gen., Atlanta, Ga., for Zant.

MEMORANDUM AND OPINION

BOWEN, District Judge.

These three suits petition the Court for relief in the nature of habeas corpus. They were filed separately in forma pauperis under 28 U.S.C. § 2254. Each petitioner was convicted of murder and is now under sentence of death by electrocution; each petitioner challenges the constitutionality both of his conviction and of the sentence imposed. The three suits were not consolidated, but, because many...

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