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WEST v. STATE OF LOUISIANA

No. 72-1338.

510 F.2d 363 (1975)

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

United States Court of Appeals, Fifth Circuit.

March 24, 1975.

Attorney(s) appearing for the Case

Wm. J. Guste, Jr., Atty. Gen. of La., Baton Rouge, La., Jim Garrison, Dist. Atty., New Orleans, La., Barbara Rutledge, Asst. Atty. Gen., Louise Korns, Shirley G. Wimberly, Jr., Asst. Dist. Attys., New Orleans, La., for defendant-appellant.

Limmie West, III, pro se.

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

Before BROWN, Chief Judge, and RIVES, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.

PER CURIAM:

We took this case and Fitzgerald v. Estelle, 5 Cir. 1974, 505 F.2d 1334 en banc "to resolve the constitutional standards which govern adjudication of claims of ineffectual assistance of privately retained counsel." Id. at 1335.

Having explicated the standards in Fitzgerald, we vacate Part III and adhere to and affirm Parts I, II and IV of the panel opinion of this Court. West v. State of Louisiana...

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