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WESSINGER v. VANNOY

No. 15-70027.

864 F.3d 387 (2017)

Todd WESSINGER, Petitioner-Appellee Cross-Appellant v. Darrel VANNOY, Warden, Louisiana State Penitentiary, Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 20, 2017.

Attorney(s) appearing for the Case

Rebecca Louise Hudsmith, Esq. , Federal Public Defender, Cristie Gautreaux Gibbens , Assistant Federal Public Defender, Federal Public Defender's Office, Middle & Western Districts of Louisiana, Lafayette, LA, Soren E. Gisleson, Esq. , Herman Herman & Katz, L.L.C., New Orleans, LA, for Petitioner-Appellee Cross-Appellant.

Dale R. Lee , Assistant District Attorney, District Attorney's Office for the 9th JDC — Parish of E. Baton Rouge, John W. Sinquefield , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Kurt L. Wall , Assistant District Attorney, District Attorney's Office for tae Parish of Livingston, Livingston, LA, for Respondent-Appellant Cross-Appellee.

Before DENNIS, CLEMENT, and OWEN, Circuit Judges.

The district court granted Todd Kelvin Wessinger's second amended petition for habeas corpus as to his claim for ineffective assistance of trial counsel at the penalty phase, vacating his death sentences and remanding the matter to state court for a new penalty phase...

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