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KIRKPATRICK v. WHITLEY

No. 91-3515.

992 F.2d 491 (1993)

Frederick KIRKPATRICK, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, et al., Respondents, St. Tammany Parish District Attorney's Office, Movant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 20, 1993.

Attorney(s) appearing for the Case

Nicholas J. Trenticosta, Sarah L. Ottinger, Loyola Death Penalty Resource Center, New Orleans, LA, for petitioner-appellant.

William R. Campbell, Jr., Michael S. Fawer, New Orleans, LA, for State of LA.

Before POLITZ, Chief Judge, KING and DAVIS, Circuit Judges.

POLITZ, Chief Judge:

Convicted of capital murder by a Louisiana jury and sentenced to death Frederick Kirkpatrick seeks federal habeas relief for the second time. The district court denied relief. We now vacate and remand for an evidentiary hearing to determine whether Kirkpatrick's claims relating to prosecutorial misconduct are supported in fact and to reconsider the abuse of the writ issue in light of the intervening decision by the Supreme Court in Sawyer v...

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