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JOHNSON v. HARGETT

No. 89-4883.

978 F.2d 855 (1992)

Hosey B. JOHNSON, Petitioner-Appellant, v. Edward HARGETT, Superintendent, Mississippi State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 17, 1992.

Attorney(s) appearing for the Case

Perry Sansing, Burinini, Granthan, Grower & Hewes, Jackson, Miss. (court-appointed), for petitioner-appellant.

Marvin White, Asst. Atty. Gen., Charlene R. Pierce, Sp. Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for respondent-appellee.

Before BROWN, SMITH, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Petitioner-Appellant Hosey B. Johnson filed this habeas corpus petition, his second in federal district court, alleging (1) prosecutorial misconduct for failure to comply with a discovery request, and (2) ineffective assistance of his prior federal habeas counsel for failing to raise the prosecutorial misconduct claim in Johnson's first federal habeas petition. The district court dismissed Johnson's...

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