Charles Thomas Corn v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before HILL, Circuit Judge, HENDERSON* and GARZA**, Senior Circuit Judges. PER CURIAM:

On May 26, 1976, Charles Thomas Corn was convicted of armed robbery and murder in the Superior Court of Clayton County, Georgia, and was subsequently sentenced to death. Having found that the instructions on intent given to the jury in Corn’s trial were unconstitutional, Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979) and Francis v. Franklin, 471 U.S. 307, 105 S.Ct. 1965, 85 L.Ed.2d 344 (1985), we remanded the case to the district…