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SCRIVENS v. HENDERSON

No. 75-2393.

525 F.2d 1263 (1976)

Robert SCRIVENS, Petitioner-Appellee, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 16, 1976.

Attorney(s) appearing for the Case

Joseph B. Tosterud, Jr., Asst. Dist. Atty., William Brockman, Asst. Dist. Atty., Barbara B. Rutledge, New Orleans, La., William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Harry F. Connick, Dist. Atty., Orleans Parish, New Orleans, La., for respondent-appellant.

George M. Papale, Gretna, La. (Court-appointed), for petitioner-appellee.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 16, 1976.

AINSWORTH, Circuit Judge:

The State of Louisiana appeals from the granting of habeas corpus to Ronald Scrivens, a Louisiana state prisoner. At issue is the question of whether or not the State failed to keep a plea bargain with defendant.

On October 31, 1973, Scrivens pled guilty in Louisiana state court to the offense of armed robbery, a felony carrying a minimum sentence of 5 years and a maximum...

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