BRUMFIELD v. CAIN

No. 12-30256.

744 F.3d 918 (2014)

Kevan BRUMFIELD, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 2014.


Attorney(s) appearing for the Case

Nicholas Joseph Trenticosta, Esq. , Attorney, Herrero & Trenticosta, New Orleans, LA, for Petitioner-Appellee.

Monisa Leola Thompson , Premila Bums , Assistant District Attorney, District Attorney's Office, Baton Rouge, LA, for Respondent-Appellant.

Before: STEWART, Chief Judge, and KING and CLEMENT, Circuit Judges.


CARL E. STEWART, Chief Judge:

IT IS ORDERED that the opinion previously filed in this case, Brumfield v. Cain, No. 12-30256, 740 F.3d 946 (5th Cir. Jan. 8, 2014), is WITHDRAWN. The following opinion is substituted therefor:

The State of Louisiana appeals the district court's imposition of a permanent injunction, enjoining the State from executing Petitioner-Appellee Kevan Brumfield. The district court granted habeas...

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