FORTENBERRY v. MAGGIO

No. 79-4091 Summary Calendar.

664 F.2d 1288 (1982)

Major FORTENBERRY, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1982.


Attorney(s) appearing for the Case

Major Fortenberry, pro se.

James David Caldwell, Dist. Atty., 6th Judicial Dist., Tallulah, La., for respondent-appellee.

Before GEE, GARZA, and RANDALL, Circuit Judges.


GARZA, Circuit Judge:

Appellant, Major Lee Fortenberry, is currently serving twenty-five years at hard labor for armed robbery in violation of La.Rev.Stat.Ann. § 14:64. Following that conviction, and its subsequent unsuccessful appeal, Fortenberry petitioned pro se for federal writ of habeas corpus. Two theories for such relief were asserted: (1) that his in-court identification had been tainted by an impermissibly suggestive out-of-court lineup; and ...

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