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HILLS v. HENDERSON

No. 75-2131.

529 F.2d 397 (1976)

Frank HILLS, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 26, 1976.

Attorney(s) appearing for the Case

Henry L. Klein, New Orleans, La. (Court-appointed), for petitioner-appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Joseph B. Tosterud, Jr., Asst. Dist. Atty., Barbara Rutledge, New Orleans, La., Ossie B. Brown, Dist. Atty., Warren J. Hebert, James E. Boren, Asst. Dist. Attys., Baton Rouge, La., for respondent-appellee.

Before TUTTLE, GODBOLD and GEE, Circuit Judges.

GODBOLD, Circuit Judge:

Petitioner Hills was convicted in Louisiana state court of aggravated rape. In a 4-3 decision the Louisiana Supreme Court affirmed on direct appeal. State v. Hills, 259 La. 436, 250 So.2d 394 (1971). State collateral remedies were exhausted.1 Hills then filed a federal habeas corpus petition raising...

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