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JAMES v. WHITLEY

No. 89-3672.

926 F.2d 1433 (1991)

Antonio JAMES, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1991.

Attorney(s) appearing for the Case

William J. O'Hara, III, Lemann, O'Hara & Miles, Nicholas Joseph Trenticosta, New Orleans, La., for petitioner-appellant.

Jack Peebles, Asst. Atty. Gen., William J. Gusre, Jr., Atty. Gen., New Orleans, La., for respondent-appellee.

Before CLARK, Chief Judge, KING and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner-appellant Antonio James (James) appeals the district court's denial, following an evidentiary hearing, of his third federal habeas petition challenging his December 1981 Louisiana first degree murder conviction and death sentence for the January 1, 1979 killing of Henry Silver. We affirm.

Procedural History

James was charged in a July 12, 1979 indictment with the first degree murder, on January 1, 1979, in Orleans...

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