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MAHLER v. KAYLO

No. 07-30024.

537 F.3d 494 (2008)

David MAHLER, Petitioner-Appellant, v. Baron KAYLO, Warden, Avoyelles Correctional Center, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 2008.

Attorney(s) appearing for the Case

Archie B. Creech, Birmingham, AL, Paul Charles Fleming (argued), Fleming Law Office, Metairie, LA, for Petitioner-Appellant.

Battle Bell, IV, Donna Rau Andrieu (argued), New Orleans, LA, for Respondent-Appellee.

Before JOLLY, HIGGINBOTHAM and ELROD, Circuit Judges.

ELROD, Circuit Judge:

David Mahler appeals the district court's denial of his 28 U.S.C. § 2254 petition challenging his manslaughter conviction. The district court granted Mahler a certificate of appealability on the issue of whether the State of Louisiana violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by failing to provide him with certain pretrial witness statements that either contradicted...

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