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NARCISSE v. MAGGIO

No. 84-4080.

725 F.2d 969 (1984)

Johnny NARCISSE, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary, Angola, La., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 6, 1984.

Attorney(s) appearing for the Case

Michael S. Fawer, New Orleans, La., for petitioner-appellant.

Michael Harson, Asst. Dist. Atty., Parish of Lafayette, Lafayette, La., for respondent-appellee.

Before POLITZ, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

The application for a certificate of probable cause and a stay of execution is granted. Petitioner has raised questions regarding the adequacy of his appointed counsel's performance sufficient to warrant an evidentiary hearing and we hereby remand this case to the United States District Court for that hearing. At the hearing which we urge be concluded with dispatch, petitioner should be offered a full opportunity to develop evidence regarding his claims...

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