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WILKERSON v. WHITLEY

No. 92-3319.

16 F.3d 64 (1994)

Robert WILKERSON, 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.

Rehearing Denied February 16, 1994.

Order Granting Rehearing February 18, 1994.

Attorney(s) appearing for the Case

Christopher A. Aberle, Metairie, LA (Court-appointed), for petitioner-appellant.

Jesse L. Means, Jr., Asst. Dist. Atty., St. Francisville, LA, for respondents-appellees.

Before HENDERSON, SMITH, and EMILIO M. GARZA, Circuit Judges.

Order Granting Rehearing En Banc February 18, 1994.

JERRY E. SMITH, Circuit Judge:

Robert Wilkerson was convicted of second-degree murder in 1973. That conviction was overturned by the Louisiana Supreme Court because Wilkerson was shackled and gagged during trial. He was retried and again convicted and sentenced to life imprisonment in 1975. Fourteen years later, he filed for post-conviction relief in state court, claiming that several constitutional violations...

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