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

REAVLEY, Circuit Judge:

Jimmy Frank was convicted by a jury in a Louisiana state court of armed robbery and sentenced by the court to thirty-three years in prison. In this 28 U.S.C. § 2254 suit, Frank attacks his conviction on the grounds that identification testimony was inadmissible and that the prosecutor’s argument referred to Frank’s failure to testify. He attacks 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 corpus. We do not find…