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SAYRE v. ANDERSON

Nos. 96-60101, 97-60239

238 F.3d 631 (2001)

Elroy Earl Sayre, Petitioner-Appellant, v. James V. Anderson, Superintendent, Mississippi State Penitentiary; Michael C. Moore, Respondents-Appellees. Elroy Earl Sayre, Petitioner-Appellant, v. Michael Moore, Attorney General of the State of Mississippi; James V. Anderson, Superintendent, Mississippi State Penitentiary, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 12, 2001.

Attorney(s) appearing for the Case

Elroy Earl Sayre, Pascagoula, MS, pro se.

Jo Anne McFarland McLeod, Jerrolyn M. Owens, Jackson, MS, for Respondents-Appellees.

Before GARWOOD, HIGGINBOTHAM and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner-appellant Elroy Earl Sayre (Sayre) appeals the district court's denial of habeas corpus relief as to his Mississippi distribution of a controlled substance conviction. Sayre contends that: (1) trial counsel's failure to call certain alibi witnesses constituted ineffective assistance of counsel and (2) trial counsel's refusal to allow him to take the stand deprived him of his right to testify. We affirm the district court's...

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