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HAMMONTREE v. PHELPS

No. 79-1307.

605 F.2d 1371 (1979)

Felix Stroud HAMMONTREE, Petitioner-Appellee, v. C. Paul PHELPS, Director, Louisiana Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 7, 1979.

Attorney(s) appearing for the Case

Barbara Rutledge, Asst. Atty. Gen., New Orleans, La., Leonard Knapp, Jr., Dist. Atty., 14th Judicial Dist., Lake Charles, La., for respondent-appellant.

D. Michael Mooney, Lake Charles, La., for petitioner-appellee.

Before WISDOM, HILL and VANCE, Circuit Judges.

WISDOM, Circuit Judge:

We skate on thin ice. This habeas case involves a statutory presumption in a criminal action, an interpretation of the statute by the Louisiana Supreme Court, and the propriety of the state trial court's instructions on the "presumption".1 The ice was thinned by a recent major decision of the Supreme Court, County Court of Ulster County v. Allen, 1979, ___ U.S. ___, 99 S.Ct. 2213, 60 L.Ed.2d 777. In explication...

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