Larry Lofton v. John P. Whitley, Warden, Louisiana State Penitentiary

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Lofton appeals from the district court’s dismissal of his petition for a writ of habe-as corpus, alleging that his conviction was improper because he was denied effective assistance of counsel on appeal and because evidence admitted at trial was the fruit of an illegal seizure.

I

On March 19, 1981, while delivering a package to his sister, Lofton began arguing with a neighbor, Geraldine Jones. He left after delivering the package, but returned later in the day and shot her before several witnesses. When police investigated they discovered Lofton’s identity…