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WILLIAMS v. BLACKBURN

No. 81-3159.

649 F.2d 1019 (1981)

Robert Wayne WILLIAMS, Petitioner-Appellant, v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, and William J. Guste, Attorney General of the State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

June 18, 1981.

Attorney(s) appearing for the Case

Richard E. Shapiro, New Orleans, La., for petitioner-appellant.

Barbara B. Rutledge, Asst. Atty. Gen., New Orleans, La., John Sinquefield, Kay Kirkpatrick, Asst. Dist. Attys., Baton Rouge, La., for respondents-appellees.

Before BROWN and GARZA, Circuit Judges, and BEER, District Judge.

PER CURIAM:

On January 5, 1979, Petitioner Robert Wayne Williams participated in the robbery of a Baton Rouge, Louisiana, grocery store. During the robbery, Williams told the store security guard to give up his pistol. Before the guard did so, Williams shot him in the face at point-blank range with a sawed-off shotgun.

Petitioner was convicted of first-degree murder in Louisiana State District Court. In the penalty phase of his bifurcated trial, the jury recommended...

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