Elmo Patrick Sonnier v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Respondents

RANDALL, Circuit Judge:

On August 16, 1983, the district court denied the application of petitioner Elmo Sonnier for federal habeas corpus relief, but granted a certificate of probable cause to appeal. On August 17, 1983, we stayed Sonnier’s scheduled execution to permit him an opportunity to address the underlying merits of his appeal. Pursuant to an expedited schedule, the parties have briefed the issues, and orally argued the merits on October 24, 1983. For the reasons set forth below, we affirm the denial of the petition for a writ of habeas corpus.

I. FACTUAL AND PROCEDURAL BACKGROUND.

The…