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TASSIN v. CAIN

No. 07-70013.

517 F.3d 770 (2008)

Robert TASSIN, Jr., Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised February 15, 2008.

Attorney(s) appearing for the Case

Denise LeBoeuf (argued), Carol A. Kolinchak, Capital Post-Conviction Project of Louisiana, New Orleans, LA, for Tassin.

Terry Michael Boudreaux (argued), Gretna, LA, for Cain.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A jury convicted Robert Tassin of capital murder in a Louisiana state court. His wife Georgina, believing that she might receive a ten-year sentence in exchange for her testimony, testified that Robert had planned to commit armed robbery. Robert denied that there was any plan. The State suppressed evidence of Georgina's sentencing agreement, arguing in close that there was "no deal" and that Georgina had no reason to lie. Robert...

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