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TERRELL v. MAGGIO

No. 82-3248 Summary Calendar.

693 F.2d 591 (1982)

Arthur Lee TERRELL, Petitioner-Appellee, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 1982.

Attorney(s) appearing for the Case

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

Virginia Laughlin Schlueter, Asst. Fed. Public Defender, New Orleans, La., for petitioner-appellee.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The State of Louisiana appeals from a district court order granting habeas corpus relief to Arthur Terrell. Despite a contrary state court finding, the district court adopted the magistrate's conclusion that Terrell was not informed of the elements of armed robbery before pleading guilty. Because neither the district court nor the magistrate considered the applicability of the "presumption...

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