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SAWYER v. WHITLEY

No. 91-3658.

945 F.2d 812 (1991)

Robert Wayne SAWYER, Petitioner-Appellant, v. John WHITLEY, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended November 12, 1991.

Certiorari Granted November 14, 1991.

Attorney(s) appearing for the Case

Sarah L. Ottinger, Nicholas T. Trenticosta, R. Neal Walker, New Orleans, La., for Robert W. Sawyer.

Dorothy Ann Pendergast, Terry M. Boudreaux, Asst. Dist. Atty., Gretna, La., Annette Marie Viator, La. Dept. of Corr., Baton Rouge, La., for John P. Whitley.

Dana E. Parker, William C. Zapalac, Asst. Attys. Gen., Austin, Tex., for amicus State of Tex.

Before KING, DAVIS and SMITH, Circuit Judges.

Certiorari Granted November 14, 1991. See 112 S.Ct. 434.

KING, Circuit Judge:

After granting Robert Sawyer a certificate of probable cause and a stay of execution, we review the merits of his second federal habeas petition. Sawyer presents one successive claim and two abusive claims in this second petition.1 He repeats the claim that his counsel was ineffective in failing to present at the sentencing phase of his capital murder...

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