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SONNIER v. MAGGIO

No. 83-4498.

714 F.2d 20 (1983)

Elmo Patrick SONNIER, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General of the State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 17, 1983.

Attorney(s) appearing for the Case

Michael Baham, Metairie, La., for petitioner-appellant.

Bernard E. Boudreaux, Jr., Dist. Atty., New Iberia, La., Dracos D. Burke, Asst. Dist. Atty., for respondents-appellees.

Before REAVLEY, RANDALL and WILLIAMS, Circuit Judges.

BY THE COURT:

Petitioner, Elmo Patrick Sonnier, is under sentence of death to be executed by the State of Louisiana in the early hours of August 19, 1983. His petition for habeas corpus was dismissed by the United States District Court for the Western District of Louisiana on August 16, 1983. Petitioner seeks to appeal to this Court and now moves that the execution be stayed. Though the district court denied the stay of execution, it granted a certificate of probable...

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