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HARRIS v. BLACKBURN

No. 80-3316.

646 F.2d 904 (1981)

Unel HARRIS, Petitioner-Appellant, v. Frank BLACKBURN, Warden et al., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

April 13, 1981.

Attorney(s) appearing for the Case

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

John H. Craft, Asst. Dist. Atty., New Orleans, La., for respondent-appellee.

Before GOLDBERG, AINSWORTH and RUBIN, Circuit Judges.

GOLDBERG, Circuit Judge:

The prior opinion of April 13, 1981 in this case is withdrawn and the following opinion is substituted therefor.

Unel Harris petitioned the District Court for the Eastern District of Louisiana for a writ of habeas corpus. Upon the recommendation of a magistrate, the district court denied the writ. We reverse.

The facts in the case are not in dispute. While responding to a call, two policemen discovered an automobile, idling...

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