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JONES v. CAIN

No. 09-30174.

600 F.3d 527 (2010)

Terrance JONES, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 15, 2010.

Attorney(s) appearing for the Case

Anne Mary Wallis (argued), Terry Michael Boudreaux, Asst. Dist. Attorneys, Gretna, LA, for Respondents-Appellant.

Robin Elise Schulberg, Asst. Fed. Pub. Def. (argued), Virginia Laughlin Schlueter, Fed. Pub. Def., New Orleans, LA, for Petitioner-Appellee.

Before REAVLEY, CLEMENT and SOUTHWICK, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Finding that a state court unreasonably applied clearly established federal law by holding that no Sixth Amendment violation occurred when a jury heard recorded testimony from a deceased witness to a murder, the district court granted the defendant's petition for a writ of habeas corpus. We affirm the grant of the writ but vacate the portion of the order requiring the State to dismiss the underlying indictment if it fails to retry...

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