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McFADDEN v. CABANA

No. 87-4512.

851 F.2d 784 (1988)

Alan K. McFADDEN, Petitioner-Appellant, v. Donald CABANA, Superintendent, Mississippi State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1988.

Attorney(s) appearing for the Case

Robert W. Smith, Biloxi, Miss., for petitioner-appellant.

Donald G. Barlow, Robert L. Gibbs, Asst. Attys. Gen., Jackson, Miss., for respondent-appellee.

Before RUBIN, GARZA, and JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A Mississippi state prisoner petitions for a writ of habeas corpus, seeking to overturn his conviction for armed robbery. He raises three claims for relief: (1) he was denied due process when the trial court refused his motion for continuance and placed him on trial 10 days after his indictment; (2) his trial counsel rendered ineffective assistance by failing to support the motion for continuance with specific proof or to renew it after...

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