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STATE OF LA. v. SPARKS

Nos. 91-3118, 91-3592.

978 F.2d 226 (1992)

STATE OF LOUISIANA, Plaintiff, v. Thomas SPARKS, Jr., a/k/a Abdullah Hakim El Mumit, Defendant-Appellant, v. Gordon GSELL, U.S. Probation Officer, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 3, 1992.

Attorney(s) appearing for the Case

Lila Tritico Hogan, Hogan & Hogan, Hammond, La., George J. Domas, Cheryl V. Cunningham, Liskow & Lewis, New Orleans, La., Frank M. Adkins, Walsh, Donovan, Lindh & Keech, San Francisco, Cal., for defendant-appellant.

Thomas L. Watson, Asst. U.S. Atty., New Orleans, La., Janice McLeod, U.S. Dept. of Justice, Parole Comm., Chevy Chase, Md., for defendant-appellee.

Before VAN GRAAFEILAND, KING, and EMILIO M. GARZA, Circuit Judges.

KING, Circuit Judge:

Thomas Sparks was convicted of capital murder and sentenced to death in Louisiana trial court. Sparks attempted to secure a new trial by subpoenaing a federal officer, Gordon Gsell, who allegedly could show that a key prosecution witness had been biased against Sparks as a result of undisclosed plea negotiations with state and federal officials. Gsell removed the state court subpoena proceedings to federal court under 28 U.S.C. § 1442(a)...

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