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PROCTER v. BUTLER

No. 86-3553.

831 F.2d 1251 (1987)

Samuel PROCTER, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

November 16, 1987.

Attorney(s) appearing for the Case

Robert Habans, Jr., New Orleans, La. (court-appointed), for petitioner-appellant.

Mark D. Rhodes, Asst. Dist. Atty., Houma, La., for respondents-appellees.

Before THORNBERRY, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

In 1976, a Louisiana state court convicted Samuel Procter and a co-defendant of one count of armed robbery, eight counts of attempted first degree murder, and one count of attempted second degree murder. The Louisiana Supreme Court affirmed Procter's conviction. State v. Proctor [sic], 354 So.2d 488 (La.1977). After unsuccessful state court collateral review of his conviction, Procter brought this...

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