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SMITH v. CAIN

No. 10-30665.

708 F.3d 628 (2013)

Bobby SMITH, Petitioner-Appellant v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 11, 2013.

Attorney(s) appearing for the Case

John Harvey Craft , New Orleans, LA, for Petitioner-Appellant.

Jeanne Guillory Rougeau , District Attorney's Office for East Baton Rouge 19th JDC, Baton Rouge, LA, for Respondent-Appellee.

Before JOLLY, BENAVIDES, and HIGGINSON, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This federal habeas appeal arises from underlying proceedings in the state courts of Louisiana, in which Bobby Smith was convicted in a 2001 jury trial of armed robbery and conspiracy to commit armed robbery. He was sentenced by the Louisiana court to 58 years in prison without the possibility of probation, parole, or suspension of sentence. After exhausting his habeas claims in the state courts, he seeks federal habeas relief. Smith...

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