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KATELY v. CAIN

No. 12-30077.

704 F.3d 356 (2013)

Benedict KATELY, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 8, 2013.

Attorney(s) appearing for the Case

Robin Elise Schulberg , Covington, LA, for Petitioner-Appellee.

Andrew Milton Pickett , Assistant District Attorney, New Orleans, LA, for Respondent-Appellant.

Before DeMOSS, SOUTHWICK, and HIGGINSON, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

A Louisiana state court denied the petitioner's application for a writ of habeas corpus. The federal district court subsequently granted the petitioner habeas relief, determining that the state court's decision was based on an unreasonable determination of the facts. We REVERSE.

FACTUAL AND PROCEDURAL BACKGROUND

On September 13, 2002, New Orleans police officers responded...

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