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FISHER v. HARGETT

No. 92-7691.

997 F.2d 1095 (1993)

Larry FISHER, Petitioner-Appellee, v. Edward HARGETT, Superintendent, Mississippi State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 26, 1993.

Attorney(s) appearing for the Case

Marvin L. White, Jr., Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, MS, for respondent-appellant.

George Lucas, Jackson, MS (Court-appointed), for petitioner-appellee.

Before EMILIO M. GARZA, DeMOSS, Circuit Judges, and ZAGEL, District Judge.

DeMOSS, Circuit Judge:

Petitioner Larry Fisher is currently in the custody of the Mississippi Department of Corrections. Convicted of rape on January 31, 1986, Fisher received a life sentence which he appealed to the Mississippi Supreme Court. When the Mississippi Supreme Court affirmed his conviction on September 14, 1988, Fisher instituted the present federal habeas corpus proceeding. The district court agreed with Fisher that Mississippi's failure to provide him...

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