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LOGGINS v. THOMAS

No. 09-13267.

654 F.3d 1204 (2011)

Kenneth LOGGINS, Petitioner-Appellant, v. Kim T. THOMAS, Interim Commissioner, Alabama Dept. of Corrections, the Attorney General of the State of Alabama, Luther Strange, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 7, 2011.

Attorney(s) appearing for the Case

Julia Tarver-Mason Wood , Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, DC, Martin Flumenbaum , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City, for Appellant.

John C. Neiman, Jr. , John J. Davis , Office of the Attorney General, Montgomery, AL, for Appellees.

Before CARNES, ANDERSON and FARRIS, Circuit Judges.

CARNES, Circuit Judge:

Kenneth Loggins was convicted and sentenced to death in 1995 for the sadistic and brutal murder of Vickie Deblieux. Because he was seventeen years old when he committed the murder, the state courts eventually set aside his death sentence based on Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005), which held that it was unconstitutional to execute anyone who was under eighteen years of...

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