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SEPULVADO v. JINDAL

No. 13-70007.

729 F.3d 413 (2013)

Christopher SEPULVADO, Intervenor Plaintiff-Appellee, v. Bobby JINDAL, Governor of Louisiana; James M. LeBlanc, Secretary, Department of Public Safety and Corrections; Burl Cain, Warden, Louisiana State Penitentiary; Angie Norwood, Warden, Death Row; Louisiana Department of Public Safety and Corrections; John Does, Unknown Executioners, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 30, 2013.

Attorney(s) appearing for the Case

Gary Patrick Clements , Counsel, Kathleen Ann Kelly, Esq. , New Orleans, LA, Edmond Wade Shows , Shows, Cali, Berthelot & Walsh, L.L.P., Baton Rouge, LA, for Intervenor Plaintiff-Appellee.

Edmond Wade Shows , Jacqueline Bordelon Wilson , Shows, Cali, Berthelot & Walsh, L.L.P., Baton Rouge, LA, Defendants-Appellants.

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

JERRY E. SMITH, Circuit Judge:

Defendants Bobby Jindal, Governor of Louisiana; the Louisiana Department of Public Safety and Corrections; and various state officials (the "state") appeal a preliminary injunction and stay of execution granted to death-row inmate Christopher Sepulvado.1 Finding reversible error, we reverse the injunction and the stay.

I.

In 1993, Sepulvado was convicted and sentenced to death for the first...

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