HICKERSON v. MAGGIO

No. 81-3660.

691 F.2d 792 (1982)

Emmett HICKERSON, Plaintiff-Appellant, v. Ross MAGGIO, Jr., Warden, and Attorney General of the State of Louisiana, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 18, 1982.


Attorney(s) appearing for the Case

Julian R. Murray, Jr., New Orleans, La. (Court-appointed), for plaintiff-appellant.

William R. Campbell, Jr., Asst. Dist. Atty., New Orleans, La., for defendants-appellees.

Before RUBIN, RANDALL and JOLLY, Circuit Judges.


PER CURIAM:

Emmett Hickerson appeals from the denial of his habeas corpus petition after the district court considered only the state court record and the pleadings. Concluding that Hickerson is entitled to an evidentiary hearing on the factual question whether the state judge pronouncing sentence exercised the discretion given him by state law, we reverse.

I.

After a bench trial in a Louisiana court, Hickerson was convicted of distribution of heroin...

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