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WOODFOX v. CAIN

No. 08-30958.

609 F.3d 774 (2010)

Albert WOODFOX, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 2010.

Attorney(s) appearing for the Case

Christopher Albert Aberle, Mandeville, LA, George H. Kendall, Samuel Spital, Squire, Sanders & Dempsey, L.L.P., New York City, Nicholas Joseph Trenticosta (argued), New Orleans, LA, for Petitioner-Appellee.

James David Caldwell, Dana J. Cummings, Baton Rouge, LA, Stuart Kyle Cuncan, Asst. Atty. Gen (argued), La. Dept. of Justice, Baton Rouge, LA, Mary Ellen Hunley, Asst. Atty. Gen., La. Dept. of Justice, Crim. Div., Baton Rouge, LA, for Respondent-Appellant.

Before KING, STEWART and SOUTHWICK, Circuit Judges.

KING, Circuit Judge:

In this appeal from the district court's grant of a writ of habeas corpus, we are confronted by a crime that is now nearly forty years old and the problems that arise when a defendant is re-tried decades after an initial conviction. Petitioner-Appellee Albert Woodfox, an inmate in the Louisiana State Penitentiary at Angola, Louisiana, was originally convicted in 1973 for the murder of prison guard Brent Miller. His conviction was eventually overturned...

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