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HENRY v. DEES

No. 79-2585.

658 F.2d 406 (1981)

Gilbert HENRY, Petitioner-Appellant, v. Hayden J. DEES, Warden, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

October 8, 1981.

Attorney(s) appearing for the Case

George M. Strickler, Jr. (Court-appointed), Michael G. Collins, Ann Woolhandler, New Orleans, La., for petitioner-appellant.

Harry F. Connick, Dist. Atty., David J. Cortes, J. Kevin McNary, Asst. Dist. Attys., New Orleans, La., for respondents-appellees.

Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges.

POLITZ, Circuit Judge:

Gilbert Henry, a twenty year old marginally mental retardate,1 was charged in Louisiana state court with armed robbery.2 On the day of trial Henry and his attorney reached an agreement with the prosecutor. Their compact provided that Henry would submit to a polygraph examination. Should it be concluded that he was truthful in denying criminal...

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