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LEGGINS v. LOCKHART

No. 86-2173.

822 F.2d 764 (1987)

James LEGGINS, Appellee, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 25, 1987.

Rehearing Denied July 31, 1987.

Attorney(s) appearing for the Case

Jack Gillean, Little Rock, Ark., for appellant.

Michael S. McCrary, Little Rock, Ark., for appellee.

Before LAY, Chief Judge, ARNOLD and WOLLMAN, Circuit Judges.

LAY, Chief Judge.

This appeal arises out of the federal grant of a writ of habeas corpus on double jeopardy grounds by the district court.1 The state urges that the petitioner is barred from raising his constitutional claim due to his procedural default by failing to raise the claim on direct appeal in state court. The district court held that the claim was novel and constituted cause for failure to previously raise the claim. We must...

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