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SMITH v. BLACKBURN

No. 79-3457 Summary Calendar.

632 F.2d 1194 (1980)

Ulysses SMITH, Petitioner-Appellant, v. Frank BLACKBURN, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

December 15, 1980.

Attorney(s) appearing for the Case

Robert M. Steeg, New Orleans, La. (court-appointed), for petitioner-appellant.

J. Kevin McNary, Asst. Dist. Atty., New Orleans, La., for respondent-appellee.

Before CHARLES CLARK, REAVLEY and WILLIAMS, Circuit Judges.

PER CURIAM:

Petitioner was convicted in a Louisiana state court on May 5, 1975 of "receiving stolen things" by a unanimous five-member jury. He was also found to be a habitual offender and was sentenced to 20 years imprisonment. On appeal to the Louisiana Supreme Court, his conviction was affirmed. State v. Nicholas, 359 So.2d 965 (La.1978).

The issue of unconstitutionality of the five-member jury was raised on direct...

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