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DAVIS v. PUCKETT

No. 87-4564.

857 F.2d 1035 (1988)

Malcolm Joe DAVIS, Petitioner-Appellee, Cross-Appellant, v. Steve W. PUCKETT, Superintendent of the Mississippi State Penitentiary, et al., Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 16, 1988.

Attorney(s) appearing for the Case

Donald G. Barlow, Sp. Asst. Atty. Gen., Jackson, Miss., for respondents-appellants, cross-appellees.

Dixon L. Pyles, Jackson, Miss., for petitioner-appellee, cross-appellant.

Before WISDOM, GEE and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 16, 1988.

GEE, Circuit Judge:

On April 13, 1980, a jury in Pearl River County, Mississippi, convicted Malcolm Joe Davis of rape and sentenced him to thirty years imprisonment. After appealing his conviction unsuccessfully in state court, Davis filed a petition in federal district court for habeas corpus relief, asserting that his conviction contravened the constitution in various respects. Davis raised three...

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