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HOPKINS v. LYNN

No. 89-3316.

888 F.2d 35 (1989)

Wright HOPKINS, Petitioner-Appellee, v. Bruce N. LYNN, Secretary of Safety and Corrections, et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

November 14, 1989.

Attorney(s) appearing for the Case

Brian T. Treacy, Janet Ahern, Asst. Dist. Attys., Harry Conick, Dist. Atty., New Orleans, La., for respondents-appellants.

Ferdinand J. Kleppner, Metairie, La., for petitioner-appellee.

Before DAVIS and SMITH, Circuit Judges, and LITTLE, District Judge.

W. EUGENE DAVIS, Circuit Judge:

The State of Louisiana appeals the district court's order granting Hopkins' petition for habeas corpus. We affirm.

I.

In 1973, Hopkins was arrested and charged with two counts of murder for shooting two teenagers with whom he had spent the day sniffing glue. In May 1977, he was found not guilty by reason of insanity and was thereafter confined at the Feliciana Forensic Facility (Feliciana) in Jackson, Louisiana.

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