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FRANK v. BLACKBURN

No. 78-3452.

646 F.2d 873 (1980)

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

United States Court of Appeals, Fifth Circuit.

November 17, 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 COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, SAM D. JOHNSON and THOMAS A. CLARK, Circuit Judges.

FAY, Circuit Judge:

A Louisiana state court jury convicted of Jimmy Frank of armed robbery. A Louisiana state court judge sentenced him to thirty-three years in prison. In a petition for habeas corpus,1 Frank attacked his conviction on the grounds that certain identification testimony was inadmissible and that the prosecutor's argument referred to Frank's failure to testify. He attacked the sentence on the ground that the trial judge impermissibly...

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