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TENNER v. WALLACE

Civ. A. No. 684-55.

615 F.Supp. 40 (1985)

James E. TENNER, Petitioner, v. Tommy WALLACE, Superintendent, Respondent.

United States District Court, S.D. Georgia, Statesboro Division.

July 12, 1985.

Attorney(s) appearing for the Case

Roger A. Baruch, Prisoner Legal Counseling Project, Athens, Ga., for petitioner.

Paula K. Smith, Wm. B. Hill, Jr., Marion O. Gordon, Office of the Atty. Gen., Atlanta, Ga., for respondent.

ORDER

BOWEN, District Judge.

Through his petition for a writ of habeas corpus under 28 U.S.C. § 2254, petitioner James E. Tenner seeks to attack the constitutionality of a judgment of conviction by the Superior Court of Bulloch County, Georgia. For the reasons outlined below, the Court has determined that the writ should issue.

Procedural and Factual Background

Petitioner was indicted with J.C. Washington and Alonzo Grant for...

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