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HARRIS v. DAY

No. 98-30273.

226 F.3d 361 (2000)

Raoul A. HARRIS, Petitioner-Appellant, v. Edgar C. DAY, Jr., Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 30, 2000.

Attorney(s) appearing for the Case

Raoul A. Harris, Baton Rouge, LA, pro se.

Holli Ann Herrle-Castillo, New Orleans, LA, for Respondent-Appellee.

Before FARRIS, WIENER and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Raoul A. Harris ("Harris") appeals the district court's dismissal of his petition for habeas corpus relief under 28 U.S.C. § 2254 based upon ineffective assistance of appellate counsel. For the reasons set forth below, we find that Harris was constructively denied effective assistance of appellate counsel for his direct appeal, when only an "errors patent" brief was filed on Harris' behalf and his counsel subsequently withdrew...

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