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BALDWIN v. BLACKBURN

No. 81-3249.

653 F.2d 942 (1981)

Timothy George BALDWIN, Petitioner-Appellant, v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

August 14, 1981.

Attorney(s) appearing for the Case

Calvin Johnson, Dwight Doskey, New Orleans, La., for petitioner-appellant.

John Harrison, Asst. Dist. Atty., Lavalle B. Salomon, Monroe, La., for respondents-appellees.

Before WISDOM, GEE and POLITZ, Circuit Judges.

GEE, Circuit Judge:

The facts in this case, as elaborated by the Louisiana Supreme Court on direct appeal, State v. Baldwin, 388 So.2d 664, 669 (La.1980), are not in dispute.

Facts

Timothy Baldwin, his wife Rita, and their seven children were neighbors of Mary James Peters in West Monroe, Louisiana, from 1971 until 1977. Mrs. Peters was godmother to their youngest, Russell. During the latter part...

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