Earl S. Stuart, Jr. v. John R. Gagnon

Petitioner Earl S. Stuart, Jr., filed a petition for habeas relief in the district court, 28 U.S.C. § 2254. The district court denied the habeas petition and declined to issue a certificate of probable cause. 28 U.S.C. § 2253; Fed.R.App.P. 22(b). Stuart now seeks a certificate of probable cause from this Court.

I

On the evening of October 14, 1979, three armed and masked men robbed a Glenwood City, Wisconsin pharmacy. A jury convicted Stuart of the armed robbery based in large part upon the immunized testimony of two brothers who admitted to participating in the robbery. Although no customer or…