Christopher A. Burger, Cross-Appellant v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent- Cross-Appellee

Our previous consideration of the merits of this case resulted in reversal of the district court’s grant of a writ of habeas corpus setting aside petitioner’s death sentence. Burger v. Zant, 718 F.2d 979 (11th Cir.1983). In reaching our decision we adopted the district court’s opinion, Blake v. Zant, 513 F.Supp. 772 (S.D.Ga.1981), with respect to three issues, including Burger’s claim that he had been denied effective assistance of counsel.

The Supreme Court granted certiorari limited to one aspect of that issue, i.e., Burger’s claim that his trial counsel failed to investigate, prepare or…