SMITH v. MAGGIO

No. 81-3616.

696 F.2d 365 (1983)

Dwight SMITH, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, and Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 24, 1983.


Attorney(s) appearing for the Case

Dymond, Crull & Castaing, Edward J. Castaing, Jr., New Orleans, La. (Court-appointed), for petitioner-appellant.

James L. Alcock, Asst. Dist. Atty., 32nd Judicial Dist., Houma, La., for respondents-appellees.

Before GARZA, REAVLEY and GARWOOD, Circuit Judges.


REAVLEY, Circuit Judge:

Petitioner filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He argues ineffective assistance of counsel and denial of his right to adequate appellate review.1 Smith appeals the dismissal of his petition and we affirm.

FACTS

Smith was convicted of murder in Louisiana state court in February 1975. The state presented eyewitness testimony showing that Smith shot Robert Matthews while...

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