Carzell Moore v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center

This is an appeal in a death penalty case. Because of the lack of an adequate jury instruction on the option to impose a life sentence under the circumstances, we earlier set aside Carzell Moore’s sentence of death. Moore v. Kemp, 809 F.2d 702, 733 (11th Cir.1987) (en banc). We also remanded the case for an evidentiary hearing on whether there had been a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), or Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). We wrote, “After disposing of that claim, and depending on its ruling thereon,…