WILKERSON v. CAIN

No. 98-30693.

233 F.3d 886 (2000)

Robert WILKERSON, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 6, 2000.


Attorney(s) appearing for the Case

Christopher Albert Aberle (argued), Mandeville, LA, for Petitioner-Appellant.

Jesse L. Means, Jr. (argued), St. Francisville, LA, for Respondent-Appellee.

Before POLITZ, EMILIO M. GARZA and DENNIS, Circuit Judges.


POLITZ, Circuit Judge:

Robert Wilkerson appeals the denial of his second habeas corpus petition brought under 28 U.S.C. § 2254. For the reasons assigned, we vacate the decision of the district court and remand for further proceedings consistent herewith.

BACKGROUND

In 1973, while an inmate at Louisiana State Penitentiary at Angola, Wilkerson and fellow inmate Grady Brewer were convicted of the second-degree murder of inmate August Kelly, who...

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