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MESSELT v. STATE OF ALA.

Nos. 78-2282, 78-2283.

595 F.2d 247 (1979)

Jack MESSELT, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 17, 1979.

Attorney(s) appearing for the Case

Jack Messelt, pro se.

Marshall E. Smith, III, Birmingham, Ala. (court-appointed), Fred Blanton, Jr., Birmingham, Ala. (co-counsel), for petitioner-appellant.

William J. Baxley, Atty. Gen., C. Lawson Little, James F. Hampton, Asst. Attys. Gen., Montgomery, Ala., for respondent-appellee.

Before GEWIN, HILL and FAY, Circuit Judges.

PER CURIAM:

These appeals from the denial of two petitions for relief under 28 U.S.C.A. § 2254 present the issue whether a member of the State bar committed so "blatant [a] breach of the sacred loyalty owed his client"1 that the two challenged State convictions were rendered fundamentally unfair by (1) suggesting to the State prosecutor that pending charges be dismissed and Petitioner be reindicted on more serious charges in order...

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