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UNITED STATES EX REL. BARKSDALE v. BLACKBURN

No. 78-2582.

610 F.2d 253 (1980)

UNITED STATES of America ex rel. Bruce BARKSDALE, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 21, 1980.

Attorney(s) appearing for the Case

John Wilson Reed, New Orleans, La. (Court-appointed), for petitioner-appellant.

William F. Wessel, Asst. Dist. Atty., New Orleans, La., John S. Baker, Jr., Baton Rouge, La., for respondent-appellee.

Before GOLDBERG, AINSWORTH and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge.

Appellant Bruce Barksdale appeals from the denial of his petition for a writ of habeas corpus. For the reasons stated below, we reverse.

I. Facts:

In July 1963, Barksdale was convicted of aggravated rape and was sentenced to death1 by an Orleans Parish jury. He had been indicted by the September 1962 Orleans Parish Grand Jury. Through appropriate...

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