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FRISCO v. BLACKBURN

No. 84-3448.

782 F.2d 1353 (1986)

James FRISCO, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended March 21, 1986.

Attorney(s) appearing for the Case

James Frisco, pro se.

Richard C. Stanley (Court-appointed) and David W. Gruning, New Orleans, La., for petitioner-appellant.

Wm. H. Campbell, Joanne C. Marier and Pamela S. Moran, Asst. Dist. Attys., New Orleans, La., for respondents-appellees.

Before GEE and JOHNSON, Circuit Judges, and PARKER, District Judge.

ROBERT M. PARKER, District Judge:

I. FACTUAL AND PROCEDURAL BACKGROUND

This appeal is taken from the federal district court's denial of James Frisco's application for habeas corpus relief. For the purposes of this action, the following facts are relevant:

The robbery for which Frisco was convicted occurred January 26, 1981; it was witnessed by one person — Andrew Washington, a driver for the Purolator Armored Car Company, who is also the only...

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