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RALPH v. BLACKBURN

No. 77-3317.

590 F.2d 1335 (1979)

John Edward RALPH, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 8, 1979.

Attorney(s) appearing for the Case

John Edward Ralph, pro se.

Robert Glass, New Orleans, La. (Court-appointed), for petitioner-appellant.

Edwin O. Ware, Dist. Atty., 9th Judicial Dist. Court, Parish of Rapides, Charles J. Yeager, Paul D. White, Jr., Asst. Dist. Attys., Alexandria, La., for respondent-appellee.

Before WISDOM, GODBOLD and TJOFLAT, Circuit Judges.

PER CURIAM:

This case involves the question whether the life sentence imposed upon the habeas corpus petitioner, John Edward Ralph, under the Louisiana habitual offender statute is so grossly disproportionate to the seriousness of his crimes that it violates the prohibition against cruel and unusual punishment provided by the eighth and fourteenth amendments. Before this Court, the petitioner raises an additional attack upon the statute based on recent decisions of...

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