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GEIGER v. CAIN

No. 06-31296.

540 F.3d 303 (2008)

Kelly GEIGER, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

August 6, 2008.

Attorney(s) appearing for the Case

Kelly Geiger, Angola, LA, pro se.

David Stephen Pipes, New Orleans, LA, for Cain.

Before GARWOOD, CLEMENT and ELROD, Circuit Judges.

ELROD, Circuit Judge:

Appellee Kelly Geiger filed a petition for habeas corpus pursuant to 28 U.S.C. § 2254, asserting four grounds for post-conviction relief. The district court granted Geiger's petition on grounds of prosecutorial misconduct and ineffective assistance of counsel. Respondent appeals and we reverse.

I. BACKGROUND

In June 2002, following a jury trial in Louisiana state court, Kelly Geiger was found guilty of second degree murder...

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