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MOORE v. MAGGIO

No. 83-4718.

740 F.2d 308 (1984)

Alvin R. MOORE, Jr., Petitioner-Appellee Cross Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary and William J. Guste, Jr., Attorney General, State of Louisiana, Respondents-Appellants Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 12, 1984.

Attorney(s) appearing for the Case

Henry N. Brown, Jr., Dist. Atty., 26th Judicial Dist., Benton, La., for respondents-appellants cross appellees.

Wellborn Jack, Jr., Walker, Feazel & Tooke, Rebecca L. Hudsmith, Shreveport, La., for petitioner-appellee cross appellant.

Before GEE, POLITZ and RANDALL, Circuit Judges.

Rehearing and Rehearing En banc Denied September 12, 1984.

RANDALL, Circuit Judge:

Alvin R. Moore, Jr. was convicted in a Louisiana court of the murder of Jo Ann Wilson and sentenced to die. After exhausting his state remedies, Moore filed an application for federal habeas relief. The district court granted Moore partial habeas relief and ordered that he have a new penalty trial. The State of Louisiana now appeals...

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