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LOYD v. SMITH

No. 89-3582.

899 F.2d 1416 (1990)

Alvin Scott LOYD, Petitioner-Appellant, v. Larry SMITH, Acting Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 1990.

Attorney(s) appearing for the Case

John W. Getsinger (court appointed), James J. Bertrand, Minneapolis, Minn., Cecil M. Burglass, Jr., Stephen F. Cameron, Douglas W. Freese, New Orleans, La., for petitioner-appellant.

Thomas Daley, John M. Crum, Jr., George Ann Graugnard, Asst. Dist. Attys., Edgard, La., for respondent-appellee.

Before POLITZ, JOHNSON and HIGGINBOTHAM, Circuit Judges.

JOHNSON, Circuit Judge:

Alvin Scott Loyd was convicted of first degree murder and sentenced to death by a jury for the murder of three year old Tina Giovanetti. At the state habeas level, Loyd raised a claim of ineffective assistance of counsel.1 After conducting an evidentiary hearing, the state court concluded that the performance of counsel at the sentencing phase was deficient; however, because...

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