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KIRKPATRICK v. BLACKBURN

No. 85-3029.

777 F.2d 272 (1985)

Frederick KIRKPATRICK, etc., Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing and Rehearing January 16, 1986.

Attorney(s) appearing for the Case

Patrick L. Durusau, Jena, La., Robert L. McGlasson, Atlanta, Ga., for petitioner-appellant.

Joseph E. Kopsa, Asst. Atty. Gen., Baton Rouge, La., Harry H. Howard, Asst. Atty. Gen., New Orleans, La., Margaret A. Coon, Asst. Dist. Atty., Covington, La., for respondents-appellees.

Before GEE, RUBIN and RANDALL, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc January 16, 1986.

PER CURIAM.

A prisoner condemned to death for first degree murder committed in the course of a robbery and under conditions that the jury found to be especially heinous seeks habeas corpus relief. The district court, 597 F.Supp. 1562, denied the writ but issued a stay of execution and a certificate of probable cause. Having reviewed the record of the...

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