No. 89-4052. Summary Calendar.

896 F.2d 126 (1990)

Michael Herbert WEAVER, Petitioner-Appellant, v. Steve W. PUCKETT, Superintendent, Mississippi State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 12, 1990.

Attorney(s) appearing for the Case

Michael Herbert Weaver, Leakesville, Miss., pro se.

Jo Anne M. McLeod, Asst. Atty. Gen., Edwin Lloyd Pittman, Atty. Gen., Marvin L. White, Jr., Donald G. Barlow, Asst. Attys. Gen., Jackson, Miss., for respondent-appellee.

Before GEE, WILLIAMS and DUHE, Circuit Judges.

DUHE, Circuit Judge:

Weaver was convicted in Mississippi State Court for arson following a jury trial. The government's case rested primarily upon the testimony of a co-conspirator. Weaver presented alibi evidence and attempted to impeach the credibility of the prosecuting witness. During the trial the court heard and overruled a defense motion for mistrial on the basis that one of the jurors was hearing impaired. Following his conviction Weaver filed a motion for...

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