DONAHUE v. CAIN

No. 99-30072.

231 F.3d 1000 (2000)

Larry DONAHUE, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 13, 2000.


Attorney(s) appearing for the Case

Yvonne L. Hughes (argued), Law Office of Yvonne L. Hughes, New Orleans, LA, for Petitioner-Appellant.

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

Before POLITZ, JONES, and STEWART, Circuit Judges.


POLITZ, Circuit Judge:

Larry Donahue appeals the grant of a writ of habeas corpus issued under 28 U.S.C. § 2254. Concluding that relief was predicated on an issue not properly before the district court but finding that the evidence was insufficient to support the conviction, we modify and, as so modified, affirm the grant of habeas relief.

BACKGROUND

On the morning of May 27, 1988, West Feliciana Parish Sheriff William Daniel, in plain clothes...

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