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BARNARD v. HENDERSON

No. 75-4338 Summary Calendar.

531 F.2d 1332 (1976)

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

United States Court of Appeals, Fifth Circuit.

May 24, 1976.

Attorney(s) appearing for the Case

Jennings B. Miller, Lake Charles, La., for petitioner-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Frank T. Salter, Jr., Dist. Atty., Baton Rouge, La., A. J. Fazzio, Lake Charles, La., for respondent-appellee.

Before GODBOLD, DYER and CLARK, Circuit Judges.

PER CURIAM:

Pursuant to a judgment rendered by this Court on June 12, 1975,1 Barnard was retried by the State of Louisiana within the 90 days ordered by the district court and convicted by a jury on October 10, 1975. At his second trial he was permitted to have an independent ballistics examination and the witness who was not permitted to testify in his first trial was not barred from testifying. Barnard now attacks his present conviction...

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