BERRY v. KING

No. 85-3043.

765 F.2d 451 (1985)

Benjamin A. BERRY, Petitioner-Appellant, v. John T. KING, Secretary of Department of Corrections, Etc., et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

July 1, 1985.


Attorney(s) appearing for the Case

Samuel S. Dalton, Jefferson, La., for petitioner-appellant.

John M. Mamoulides, Dist. Atty., William C. Credo, III, Dorothy A. Pendergast, Asst. Dist. Attys., Gretna, La., for respondents-appellees.

Before RUBIN, JOLLY and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

This appeal from a denial of a petition for habeas corpus raises two issues: (1) whether Benjamin Berry was denied effective assistance of counsel in his state capital murder trial; and (2) whether this circuit should reconsider its position that excluding from the guilt phase of a capital case jurors who are absolutely opposed to the death penalty does not violate the constitutional rights of the defendant in light of the Eighth Circuit...

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