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CALLOWAY v. BLACKBURN

No. 79-2607.

612 F.2d 201 (1980)

Larry D. CALLOWAY, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 21, 1980.

Attorney(s) appearing for the Case

Judith Barry Wish, William T. Lake, Washington, D. C., for petitioner-appellant.

David J. Cortes, Asst. Dist. Atty., App. Div., J. Kevin McNary, New Orleans, La., for respondent-appellee.

Before CHARLES CLARK, RONEY, and HENDERSON, Circuit Judges.

HENDERSON, Circuit Judge:

The appellant, Larry D. Calloway, was convicted of first-degree murder and was sentenced to death on November 14, 1974, pursuant to the mandatory death penalty provision of Louisiana's first-degree murder statute. La.Rev.Stat.Ann. § 14:30 (1974). On July 2, 1976, the Supreme Court of the United States held that the mandatory death penalty imposed by this statute violated the Eighth and Fourteenth...

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