CUNNINGHAM v. ZANT

No. 90-8165.

928 F.2d 1006 (1991)

James CUNNINGHAM, Jr., Plaintiff-Appellee, Cross-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 27, 1991.


Attorney(s) appearing for the Case

Dennis R. Dunn, Asst. Atty. Gen., Mary Beth Westmoreland, Atlanta, Ga., for respondent-appellant, cross-appellee.

August F. Siemon, Frank L. Derrickson, Atlanta, Ga., for plaintiff-appellee, cross-appellant.

Before TJOFLAT, Chief Judge, and JOHNSON and ANDERSON, Circuit Judges.


JOHNSON, Circuit Judge:

The respondent Walter Zant appeals the district court's order granting habeas relief and vacating the petitioner's death sentence on the grounds that the trial court's jury charge during the sentencing phase was constitutionally inadequate. Petitioner James Cunningham, Jr., cross-appeals the denial of his claims that his grand and petit juries were unconstitutionally composed, that the trial court's charge during the guilt phase unconstitutionally...

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