Whatley v. Upton
Filing 51
OPINION and ORDER GRANTING IN PART and DENYING IN PART the 1 Petition for Writ of Habeas Corpus filed by Fredrick R. Whatley. The Petition is GRANTED with respect to Petitioners claim of ineffective assistance of counsel based on an inadequate inv estigation (Claim IX) and DENIED on Claims I, III, V, VII, VIII, X, XI, XII, and XIII. Petitioners sentence of death in Case No. 96R-374 in the Superior Court of Spalding County, Georgia, is VACATED and the State of Georgia shall, within a reasonabl e amount of time, decide whether to hold a new sentencing hearing or impose a lesser sentence consistent with the law. IT IS FURTHER ORDERED that Petitioner is DENIED a certificate of appealability. Signed by Judge William S. Duffey, Jr on 4/9/13. (jlm)
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