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JOHNSON v. BLACKBURN

No. 84-4077.

778 F.2d 1044 (1985)

Joseph W. JOHNSON, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 17, 1985.

Attorney(s) appearing for the Case

N. Graves Thomas, Shreveport, La., for petitioner-appellant.

John A. Broadwell, Asst. Dist. Atty., Shreveport, La., for respondent-appellee.

Before ALVIN B. RUBIN, RANDALL and Jerre S. WILLIAMS, Circuit Judges.

OPINION

RANDALL, Circuit Judge:

During the early-morning hours of June 28, 1979, Estella Allen was shot and killed in her house in Shreveport, Louisiana. Her ten-year old son Jimmy Allen, Jr., was wounded by a gunshot while he lay in bed. Estella Allen's "boyfriend," Joseph W. Johnson, was convicted by a jury of second-degree murder and attempted second-degree murder in connection with the shootings. Johnson appeals the dismissal of his petition for a writ...

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