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MOORE v. BLACKBURN

No. 85-4706.

774 F.2d 97 (1985)

Alvin R. MOORE, Jr., Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Angola, Louisiana, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 3, 1985.

Attorney(s) appearing for the Case

Jack & Hudsmith, Rebecca L. Hudsmith, Shreveport, La., for petitioner-appellant.

Henry N. Brown, Jr., Dist. Atty., Benton, La., for respondent-appellee.

Before GEE, POLITZ and RANDALL, Circuit Judges.

PER CURIAM:

It is ORDERED that petitioner's application for a certificate of probable cause and his motion for a stay of execution are denied.

The first issue raised in the petition concerns the exclusion from the jury of persons with scruples against the death penalty, resulting in a "death qualified jury." See Grigsby v. Mabry, 758 F.2d 226 (8th Cir.1985) (en banc), petition for cert. filed sub nom., Lockhart v...

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