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LEFEVRE v. CAIN

No. 08-31233.

586 F.3d 349 (2009)

David LEFEVRE, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 26, 2009.

Attorney(s) appearing for the Case

Robin Elise Schulberg, Asst. Fed. Pub. Def. (argued), New Orleans, LA, for Lefevre.

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

Before GARWOOD, OWEN and SOUTHWICK, Circuit Judges.

OWEN, Circuit Judge:

The State appeals a district court judgment granting David Lefevre's petition for writ of habeas corpus. The district court found that Lefevre's right to self-representation was violated because the leg shackles the court required him to wear during trial prevented him from attending bench conferences and moving freely about the courtroom during trial. The State argues that the shackles did not prevent Lefevre from preserving actual control of...

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