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LANDRY v. HOEPFNER

No. 85-3784.

818 F.2d 1169 (1987)

Philip LANDRY, Petitioner-Appellant, v. Judge J. Robert HOEPFNER and William Guste, Jr., Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted July 9, 1987.

Attorney(s) appearing for the Case

Mark McTernan, McTernan, Parr & Rumage, New Orleans, La., for petitioner-appellant.

Elizabeth M. Gaudin, Asst. Dist. Atty., Research & Appeals, Dorothy A. Pendergast, Gretna, La., for respondents-appellees.

Before GARZA, WILLIAMS and GARWOOD, Circuit Judges.

Rehearing En Banc Granted July 9, 1987.*

GARZA, Circuit Judge:

In this habeas petition, Philip Landry seeks to challenge his 1984 conviction in the State of Louisiana for driving while intoxicated (DWI). He argues that he was denied his constitutional right to a trial by jury, that the trial judge failed to advise him of his right to trial by jury, and that Article I, Section 17 of the Louisiana Constitution and Article 779 of...

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