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WEST v. STATE OF LOUISIANA

No. 72-1338.

478 F.2d 1026 (1973)

Limmie WEST, III, Plaintiff-Appellee, v. STATE OF LOUISIANA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted September 5, 1973.

Attorney(s) appearing for the Case

Wm. J. Guste, Jr., Atty. Gen. of La., Baton Rouge, La.; Jim Garrison, Dist. Atty., Shirley Wimberly, Jr., Asst. Dist. Atty., Byron P. Legendre, New Orleans, La., for defendant-appellant.

George M. Leppert, New Orleans, La., Court appointed, for plaintiff-appellee.

Before RIVES, WISDOM and RONEY, Circuit Judges.

Rehearing En Banc Granted September 5, 1973.

WISDOM, Circuit Judge:

Limmie West was convicted of armed robbery after a jury trial in the Criminal District Court for the Parish of Orleans, Louisiana. On June 12, 1969, he was sentenced to forty-nine years and six months at hard labor. He did not appeal his conviction. A year after his conviction he filed a petition for habeas corpus in the state trial court. West's petition alleged that his lawyer, privately...

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