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BARNARD v. HENDERSON

No. 74-2894.

514 F.2d 744 (1975)

Larry K. BARNARD, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 12, 1975.

Attorney(s) appearing for the Case

Raymond D. Fuljenz, Lake Charles, La., for petitioner-appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Barbara B. Rutledge, Asst. Atty. Gen., New Orleans, La., Frank T. Salter, Jr., Dist. Atty., 14th Judicial Dist. Crt., Charles W. Richard, Asst. Dist. Atty., Lake Charles, La., for respondent-appellee.

Before BROWN, Chief Judge, and GODBOLD and CLARK, Circuit Judges.

BROWN, Chief Judge:

In this appeal of a habeas denial Larry Barnard attacks his Louisiana murder conviction because a witness with crucial testimony on his behalf was excluded due to her inadvertent violation of the rule regarding sequestration of witnesses and because he was denied the opportunity to have his own ballistics expert examine the alleged murder weapon. We reverse.

Barnard was convicted by a jury of the April 6, 1972 murder of Rex Emile Lanier...

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