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DUNCAN v. CAIN

No. 00-31375.

278 F.3d 537 (2002)

Calvin DUNCAN, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 18, 2002.

Attorney(s) appearing for the Case

Christopher Albert Aberle (argued), Mandeville, LA, for Petitioner-Appellant.

Julie Christine Tizzard (argued), New Orleans, LA, for Respondent-Appellee.

Before DUHÉ and BENAVIDES, Circuit Judges, and RESTANI, Judge.

DUHÉ, Circuit Judge:

Petitioner-Appellant Calvin Duncan seeks habeas relief following post-conviction relief proceedings in state court pertaining to his first-degree murder conviction and life sentence. First, Duncan contends that the state court improperly rejected his Brady claim2 based on immateriality of exculpatory and impeachment evidence withheld from him. Additionally, Duncan...

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