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TARNABINE v. WARDEN OF LOUISIANA STATE PENITENTIARY

Miscellaneous No. 1784.

331 F.Supp. 975 (1971)

David Jerome TARNABINE, Petitioner, v. WARDEN OF LOUISIANA STATE PENITENTIARY, Respondent.

United States District Court, E. D. Louisiana, New Orleans Division.

May 19, 1971.

Attorney(s) appearing for the Case

Benjamin Smith, Smith & Scheurermann, New Orleans, La., for petitioner.

John Voltz, Asst. Dist. Atty., for respondent.

CASSIBRY, District Judge:

David Jerome Tarnabine petitions for a writ of habeas corpus seeking his release from state custody on the ground that he is being held in violation of the Constitution. Available state remedies have been exhausted, and the petition is properly before the Court. 28 U.S.C. §§ 2241(c) (3), 2254.

On August 17, 1967, petitioner Tarnabine appeared in Criminal District Court for the Parish of Orleans, State of Louisiana, and entered...

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