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MALLARD v. CAIN

No. 07-30021.

515 F.3d 379 (2008)

Darren MALLARD, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 2008.

Attorney(s) appearing for the Case

James Phillip Manasseh, Kathryn F. Simino (argued), Manasseh, Gill & Knipe, PLC, Baton Rouge, LA, for Mallard.

Kathryn W. Landry (argued), Ieyoub & Landry, Baton Rouge, LA, for Cain.

Before KING, BARKSDALE and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Darren Mallard, Louisiana prisoner # 366098, was convicted of possession of more than four-hundred grams of cocaine in 1996 and subsequently sentenced to forty years in prison as a third-time felony offender in 2001. The district court denied Mallard's 28 U.S.C. § 2254 petition. Mallard appealed the denial, and the district court granted a certificate of appealability (COA) on two issues: (1) whether the Louisiana district court's determination...

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