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KINSEL v. CAIN

No. 10-30443.

647 F.3d 265 (2011)

John KINSEL, Petitioner-Appellant Cross-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 19, 2011.

Attorney(s) appearing for the Case

Autumn Alycia Town (argued), Law Office of Autumn Town, New Orleans, LA, for Petitioner-Appellant Cross-Appellee.

Anne Mary Wallis , Assistant District Attorney (argued), Gretna, LA, for Respondent-Appellee Cross-Appellant.

Before SMITH, WIENER and OWEN, Circuit Judges.

WIENER, Circuit Judge:

Petitioner-Appellant John Kinsel's conviction in Jefferson Parish, Louisiana district court for sexually abusing A.M., the ten-year-old daughter of his girlfriend at the time, was based primarily on A.M.'s trial testimony against him. Eight years later, as an adult, A.M. voluntarily approached the parish district attorney's office to recant her testimony under oath. Kinsel then filed a state postconviction petition, asking for his conviction...

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