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DiLOSA v. CAIN

No. 00-31359.

279 F.3d 259 (2002)

Douglas A. DiLOSA, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 2002.

Attorney(s) appearing for the Case

Michael S. Fawer (argued), Smith, Jones & Fawer, Covington, LA, for Petitioner-Appellee.

Rebecca Jane Becker (argued), Terry Michael Boudreaux, Gretna, LA, for Respondent-Appellant.

Before JONES, SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The State of Louisiana, through its warden, appeals a judgment granting habeas corpus relief to Douglas DiLosa regarding his murder conviction. Finding no error, we affirm.

I.

One day in 1986, police received a 911 call from the DiLosa household and discovered DiLosa tied up on the living room floor; his wife was found, strangled, on a bed bound with the same rope used to bind DiLosa. The condominium had been ransacked...

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