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KYLES v. WHITLEY

No. 92-3310.

5 F.3d 806 (1993)

Curtis Lee KYLES, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, etc., et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 14, 1993.

Attorney(s) appearing for the Case

George W. Healy, III (court-appointed), Sheryl Bey, Phelps Dunbar, Gerard A. Rault, Jr., New Orleans, LA, for petitioner-appellant.

Jack C. Peebles, Harry F. Connick, Dist. Attys., New Orleans, LA, for Whitley.

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Curtis Lee Kyles, an inmate sentenced to capital punishment, appeals the judgment of the district court, denying him the writ of habeas corpus. In 1984, a Louisiana court convicted Kyles of shooting and killing Mrs. Dolores Dye during a daylight armed robbery before many witnesses. As he did before the jury that convicted and condemned him, Kyles asserts innocence and maintains that he was framed by a now-deceased acquaintance...

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