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CHARLES v. SMITH

No. 89-3300.

894 F.2d 718 (1990)

Clyde A. CHARLES, Petitioner-Appellant, v. Larry SMITH, Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 20, 1990.

Attorney(s) appearing for the Case

Francis King, Asst. Federal Public Defender, John T. Mulvehill, Federal Public Defender, New Orleans, La., for petitioner-appellant.

Paul E. Brown, Douglas H. Greenburg, Dist. Atty., Clifford Foster, Asst. Dist. Atty., Houma, La., for respondents-appellees.

LIVELY, JOLLY and HIGGINBOTHAM, Circuit Judges.

LIVELY, Circuit Judge.

This is an appeal from denial of an application for a writ of habeas corpus. The petitioner-appellant presents two issues for review: (1) Whether his pretrial identification by the victim of a rape as the perpetrator should have been suppressed because at the time of the identification he was in custody as the result of being arrested without probable cause; and (2) whether an inculpatory statement while in custody should have been suppressed...

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