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SUMMIT v. BLACKBURN

No. 86-4129.

795 F.2d 1237 (1986)

Wilby Frank SUMMIT, Petitioner-Appellant, v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 7, 1986.

Attorney(s) appearing for the Case

Loyola Law School Clinic, Gerard A. Rault, Jr., Professor of Law, New Orleans, La., for petitioner-appellant.

Joseph Erwin Kopsa, Asst. Atty. Gen., Baton Rouge, La., Charles Brandt, J. Nathan Stansbury, Dist. Atty., Lafayette, La., for respondent-appellee.

Before WILLIAMS, JOLLY and HILL, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Wilby Frank Summit was convicted in the Louisiana courts of first-degree murder, that is, an intentional homicide while engaged in the attempted perpetration of armed robbery. He was sentenced to death. After exhausting his state remedies, Summit filed a petition for a writ of habeas corpus in federal district court, alleging nearly a dozen violations of his constitutional rights. The district court denied the writ, but granted a certificate...

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