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McNEIL v. BLACKBURN

No. 86-4113. Summary Calendar.

802 F.2d 830 (1986)

James McNEIL, Plaintiff-Appellant, v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 20, 1986.

Attorney(s) appearing for the Case

James McNeil, pro se.

Thomas R. Willson, Asst. Dist. Atty., Alexandria, La., for defendant-appellee.

Before RUBIN, RANDALL and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Petitioner appeals the district court's denial of his application for habeas corpus relief under 28 U.S.C. § 2254. For the reasons that follow, we reverse the judgment of the district court and remand this case for further proceedings consistent with this opinion.

I.

On October 22, 1962, petitioner pled "guilty without capital punishment" in Louisiana state court to aggravated rape. He was sentenced to life imprisonment at hard labor...

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