[Download] "Fullman v. Graddick" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Fullman v. Graddick
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 20, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Garnett William Cape, a Georgia state prisoner under sentence of death, appeals an order of the United States District Court for the Middle District of Georgia denying his petition for writ of habeas corpus. Cape assigns as error (1) the admission into evidence of expert psychiatric opinion testimony in violation of his constitutional privilege against compelled self-in-crimination and his constitutional right to assistance of counsel; (2) the admission of self-incriminating pre-trial statements made while in police custody; (3) the admission into evidence during the sentencing phase of his trial of the opinion testimony of an agent of the Georgia Bureau of Investigation concerning the outrageous and vile nature of the murder and the youthfulness of the victim; (4) ineffective assistance of counsel; (5) the imposition of the death sentence on the basis of a single and unconstitutionally vague aggravating circumstance; (6) the failure of the Supreme Court of Georgia to consider cases in which life sentence were imposed in the conduct of its proportionality review of his death sentence; and (7) the district courts refusal to grant him an evidentiary hearing to develop material facts crucial to his claim that the death sentence is discriminatorily applied in Georgia. We have examined the record of this case and conclude that Cape was tried, convicted and sentenced to die in accordance with the Constitution. We therefore affirm the district courts denial of Capes petition for writ of habeas corpus.

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