FRANK v. BLACKBURN

No. 78-3452.

605 F.2d 910 (1979)

Jimmy FRANK, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted January 7, 1980.


Attorney(s) appearing for the Case

J. Donice Alverson, New Orleans, La. (Court-appointed), for petitioner-appellant.

Robert Brinkman, Asst. Dist. Atty., Opelousas, La., for respondent-appellee.

Before GEWIN, AINSWORTH and REAVLEY, Circuit Judges.


Rehearing En Banc Granted January 7, 1980.

REAVLEY, Circuit Judge:

Jimmy Frank was convicted by a jury in a Louisiana state court of armed robbery and sentenced by the court to thirty-three years in prison. In this 28 U.S.C. § 2254 suit, Frank attacks his conviction on the grounds that identification testimony was inadmissible and that the prosecutor's argument referred to Frank's failure to testify. He attacks the sentence on the ground that the trial...

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