BENNETT v. WHITLEY

No. 93-3281.

41 F.3d 1581 (1994)

Dedrick BENNETT, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, and Richard P. Ieyoub, Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

On Rehearing January 25, 1995.


Attorney(s) appearing for the Case

Dedrick Bennett, Pro se.

Monisa L. Thompson, Asst. Dist. Atty. and Gwendolyn K. Brown, Baton Rouge, LA, for appellees.

Before HIGGINBOTHAM, SMITH and PARKER, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

A state's refusal to listen to a habeas claim because it was decided on direct appeal does not impose a procedural bar to federal review of the constitutional issue. We reverse the district court's contrary holding and remand.

I.

On December 12, 1981, Dedrick Bennett and his accomplice, Shug Bell, entered a convenience store intending to rob the clerk. A sheriff's deputy interrupted the robbery, and Shug Bell...

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