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KIRKPATRICK v. BUTLER

Nos. 88-3253, 88-3863.

870 F.2d 276 (1989)

Frederick KIRKPATRICK, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary and the Attorney General of the State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing and Rehearing June 1, 1989.

Attorney(s) appearing for the Case

Robert McGlasson, Austin, Tex., Patrick L. Durusau, Jena, La., for petitioner-appellant.

Harry H. Howard, Asst. Atty. Gen., State of La., New Orleans, La., for State of La.

William R. Campbell, Jr., Zelden & Rand, New Orleans, La., for Butler.

Before GEE, RUBIN, and KING, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc June 1, 1989.

ALVIN B. RUBIN, Circuit Judge:

The State of Louisiana having sentenced Frederick Kirkpatrick to death by electrocution, he seeks habeas corpus relief, contending that he was denied the effective assistance of counsel at trial when his lawyer failed to seek the suppression of evidence seized by the police from his residence. After reviewing the record, including the memoranda filed in the state...

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