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STRAHAN v. BLACKBURN

No. 83-3512.

750 F.2d 438 (1985)

Richard Ellman STRAHAN, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary; William J. Guste, Jr., Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 14, 1985.

Attorney(s) appearing for the Case

Virginia Laughlin Schlueter, Asst. Federal Public Defender, New Orleans, La., for petitioner-appellant.

Abbott J. Reeves, Asst. Dist. Atty., Gretna, La., for respondents-appellees.

Before TIMBERS, POLITZ and RANDALL, Circuit Judges.

POLITZ, Circuit Judge:

This appeal squarely poses the question of the application of Rule 9(a) of the Rules Governing Section 2254 Cases, 28 U.S.C. foll. § 2254, to a petition for writ of habeas corpus under 28 U.S.C. § 2254. We examine the language and history of the Rule against the backdrop of its application by this and other circuit courts, apply the found standard to the facts of this case and conclude that...

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