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FLUGENCE v. BUTLER

No. 87-4061.

848 F.2d 77 (1988)

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

United States Court of Appeals, Fifth Circuit.

June 29, 1988.

Attorney(s) appearing for the Case

Lori R. Fregolle, John Wilson Reed, Glass & Reed, New Orleans, La., for petitioner-appellant.

Dracos D. Burke, Asst. Dist. Atty., Bernard E. Boudreaux, Jr., Dist. Atty., New Iberia, La., for respondents-appellees.

Before THORNBERRY, GEE, and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Austin Flugence appeals the dismissal of his petition for habeas corpus, 28 U.S.C. § 2254, in which he contended that his guilty plea was invalid because at the time of its entry he was mentally incompetent. He further contends that his petition should not have been dismissed without an evidentiary hearing. Finding merit in neither contention, we affirm.

Background

Flugence was indicted for the first-degree murder...

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