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LOWENFIELD v. BUTLER

No. 88-3252.

843 F.2d 183 (1988)

Leslie LOWENFIELD, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

April 12, 1988.

Attorney(s) appearing for the Case

David Klingsberg, New York City, Nancy Marshall, New Orleans, La., for petitioner-appellant.

John Mamoulides, Dist. Atty., Gretna, La., William Guste, Jr., Atty. Gen., Baton Rouge, La., for respondents-appellees.

Before REAVLEY, JOHNSON, and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Following the denial of habeas relief by the U.S. Supreme Court on January 13, 1988, the state court in which Lowenfield was convicted resentenced Lowenfield to be executed in the early morning hours of April 13, 1988.1 Less than two full days before the scheduled execution, Lowenfield filed a second writ application in state court seeking relief on three grounds: (1) the trial court failed to give the jury...

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