This section contains the nature of the case and procedural background.

D and a companion escaped from federal prison. The following morning, a pickup truck was reported missing from a residence about one mile from the prison. About the same time, a state trooper received reports from a CB'er about two white shirtless males walking from the place where the truck had been abandoned attempting to hitch a ride east. At first, the trooper had thought that the men were simply out of gas but after it was reported that they had passed a number of gas stations the trooper called for assistance in order to have the parties questioned. At that moment, a deputy sheriff was watching the two men. The deputy took the two men to the station where the truck had been towed. The men refused to answer any questions regarding their identity and were then transported to the parish jail. It was eventually found out that the truck was stolen and the two were escaped from jail in Texas. D were convicted and appealed.

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