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HUMPHREY v. CAIN

No. 95-31101.

120 F.3d 526 (1997)

Elmo HUMPHREY, III, Petitioner-Appellant, v. Burl CAIN, Acting Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Order on Rehearing September 9, 1997.

Attorney(s) appearing for the Case

David John Schenck, Hughes & Luce, Dallas, TX, for Petitioner-Appellant.

Alison Wallis, Gretna, LA, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a federal habeas petition seeking relief from a state court conviction for aggravated rape. Elmo Humphrey, III, had no criminal record but found himself accused of rape by a troubled sixteen-year-old girl. The rapes allegedly took place more than five years earlier. The victim had retracted an earlier accusation against Humphrey and had no witnesses or medical testimony to support her story. Nevertheless, a Louisiana...

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