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SHACKELFORD v. SHIRLEY

No. 90-1528.

948 F.2d 935 (1991)

Lawrence SHACKELFORD, Petitioner-Appellant, v. Jack SHIRLEY, Sheriff, Lee County, Mississippi, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

December 13, 1991.

Attorney(s) appearing for the Case

Jim Waide, Tupelo, Miss., for petitioner-appellant.

Marvin L. White, Jr., Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for respondents-appellees.

Before JOHNSON, KING, and EMILIO M. GARZA, Circuit Judges.

KING, Circuit Judge:

This habeas corpus appeal involves an unusual first amendment challenge to the constitutionality of the appellant's incarceration. Lawrence Shackelford was convicted in state court of violating Miss.Code Ann. § 97-29-45, the Mississippi telephone harassment statute, which provides in pertinent part:

(1) It shall be unlawful for any person or persons: (b) to make a telephone call...

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