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WOODFOX v. CAIN

No. 15-30506.

805 F.3d 639 (2015)

Albert WOODFOX, Petitioner-Appellee v. Burl CAIN, Warden, Louisiana State Penitentiary; James Caldwell, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

November 9, 2015.

Attorney(s) appearing for the Case

George H. Kendall (argued), Victor Genecin , Carine M. Williams , Squire Patton Boggs (US), L.L.P., New York, N.Y., Christopher Albert Aberle , Mandeville, LA, Nicholas Joseph Trenticosta, Esq. , Attorney, New Orleans, LA, for Petitioner-Appellee.

James David "Buddy" Caldwell , Colin Andrew Clark, Esq. , Assistant Attorney General, Kurt Lawrence Wall , Assistant Attorney General, Office of the Attorney General, Baton Rouge, LA, Elizabeth Swingle Horn, Esq. , Bryan Charles Reuter, Esq. , Richard C. Stanley, Esq. (argued), Stanley, Reuter, Ross, Thornton & Alford, L.L.C., New Orleans, LA, for Respondents-Appellants.

Before KING, DENNIS, and OWEN, Circuit Judges.

On June 8, 2015, the district court granted Petitioner-Appellee Albert Woodfox an unconditional writ of habeas corpus, barring the State of Louisiana from prosecuting him for the third time for a 1972 murder. The district court reasoned that Woodfox's case presented "exceptional circumstances" that cast doubt on the ability...

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