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SMITH v. MAGGIO

No. 80-3991.

664 F.2d 109 (1981)

Edward L. SMITH, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 18, 1981.

Attorney(s) appearing for the Case

George M. Strickler, Jr., New Orleans, La., (Court-appointed), for petitioner-appellant.

William R. Coenen, Jr., Asst. Dist. Atty., Richland Parish, Rayville, La., James F. McKay, III, Asst. Atty. Gen., New Orleans, La., for respondent-appellee.

Before AINSWORTH, GARZA and RANDALL, Circuit Judges.

AINSWORTH, Circuit Judge:

Edward L. Smith, a Louisiana prisoner serving a life sentence for murder, appeals the district court's denial of his petition for a writ of habeas corpus. He contends that the state trial court should have excluded from evidence a pistol taken from his home under a search warrant and introduced against him at trial because the affidavit accompanying the state's application for the warrant contained a deliberate misstatement of a material...

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