PRATER v. MAGGIO

No. 81-3639 Summary Calendar.

686 F.2d 346 (1982)

Milton PRATER, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, and the Attorney General of the State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

September 24, 1982.


Attorney(s) appearing for the Case

John F. Ales, McCollister, McCleary, Fazio, Mixon, Holliday & Hicks (Court-appointed), Baton Rouge, La., for petitioner-appellant.

John H. Craft, Asst. Dist. Atty., New Orleans, La., for respondents-appellees.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Milton Prater seeks a writ of habeas corpus, contending that he was denied equal protection of the law and due process because the state supreme court, in affirming his conviction of a state offense, held that one of his assignments of error had merit, but limited the operation of the new rule to future cases. He contends also that the trial prosecutor's alleged misconduct, the judge's instructions to the jury, and the judge's alleged...

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