DIVERS v. CAIN

No. 10-31149.

698 F.3d 211 (2012)

James E. DIVERS, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 3, 2012.


Attorney(s) appearing for the Case

Rebecca Louise Hudsmith , Fed. Pub. Def., Lafayette, LA, for Petitioner-Appellant.

Madeleine Mary Slaughter-Young , Asst. Dist. Atty., Monroe, LA, for Respondent-Appellee.

Before STEWART, Chief Judge, and ELROD and SOUTHWICK, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge:

James Divers, a Louisiana prisoner serving consecutive life sentences for second-degree murder, appeals the district court's denial of his application for relief under 28 U.S.C. § 2254. We granted a certificate of appealability on the question of whether Divers waived his speedy trial rights under the Sixth Amendment. We conclude that the merits of Divers' speedy trial claim were adjudicated by the state courts, and the state...

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