Jimmy Frank v. Frank Blackburn, Warden, Louisiana State Penitentiary

FAY, Circuit Judge:

A Louisiana state court jury convicted of Jimmy Frank of armed robbery. A Louisiana state court judge sentenced him to thirty-three years in prison. In a petition for habeas corpus,1 Frank attacked his conviction on the grounds that certain identification testimony was inadmissible and that the prosecutor’s argument referred to Frank’s failure to testify. He attacked the sentence on the ground that the trial judge impermissibly increased the term of confinement because Frank rejected a plea bargain offer and elected to stand trial. The federal trial court denied habeas…