FOY v. DONNELLY

No. 91-3214.

959 F.2d 1307 (1992)

Kenneth FOY, Petitioner-Appellant, v. J.F. DONNELLY, in his official capacity as Warden of the Washington Correctional Institute and William J. Guste, Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 21, 1992.


Attorney(s) appearing for the Case

Richard C. Stanley, Stone, Pigman, Walther, Wittmann & Hutchinson, Marc David Winsberg, New Orleans, for petitioner-appellant.

Hans P. Sinha, David Lawrence Arena, Dist. Atty., Lisa A. McLachlan, Asst. Dist. Atty., New Orleans, for Donnelly.

Before POLITZ, Chief Judge, SMITH, Circuit Judge, and FITZWATER, District Judge.


FITZWATER, District Judge:

In this appeal from a judgment denying habeas relief, we determine whether the content of a non-testifying accomplice's confession was disclosed to the jury to the extent necessary to violate petitioner's Sixth Amendment Confrontation Clause rights. We also decide whether the evidence is sufficient to sustain a conviction for armed robbery and whether the state prosecutor engaged in misconduct to the degree necessary to warrant collateral...

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