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GODFREY v. FRANCIS

Civ. A. No. C84-354R.

613 F.Supp. 747 (1985)

Robert Franklin GODFREY, Petitioner, v. Robert FRANCIS, Warden, Georgia Diagnostic & Classification Center, Respondent.

United States District Court, N.D. Georgia, Rome Division.

June 28, 1985.

Attorney(s) appearing for the Case

Ellen Kreitzberg, Gerald I. Fisher, Washington, D.C., for petitioner.

Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent.

ORDER

HAROLD L. MURPHY, District Judge.

I. FACTUAL BACKGROUND

This is a death penalty case. On March 9, 1978, a jury in the Superior Court of Polk County found Robert Godfrey guilty of two counts of murder1 and sentenced him to death.

Based on the evidence adduced at trial the jury was authorized to find that in September of 1977 Godfrey was estranged from his wife...

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