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BROWN v. BLACKBURN

No. 79-2794.

625 F.2d 35 (1980)

Robert Lee BROWN, Petitioner-Appellee, v. Frank BLACKBURN, Warden, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

August 27, 1980.

Attorney(s) appearing for the Case

Brian G. Meissner, Asst. Dist. Atty., New Orleans, La., for respondent-appellant.

Pres Kabacoff (Court-appointed), New Orleans, La., for petitioner-appellee.

Before BROWN, HENDERSON and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

This is an appeal from the grant of a writ of habeas corpus to the appellee, Robert Lee Brown.1 We agree with the district court that the writ must issue. Because he did not receive effective assistance from his court-appointed counsel, and because an impermissibly suggestive out-of-court photographic identification procedure created a substantial likelihood of in-court misidentification...

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