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LANGLEY v. PRINCE

No. 16-30486.

890 F.3d 504 (2018)

Ricky LANGLEY, Petitioner-Appellant v. Howard PRINCE, Warden, Elayn Hunt Correctional Center, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED May 14, 2018.

Attorney(s) appearing for the Case

Richard John Bourke , Louisiana Capital Assistance Center, New Orleans, LA, for Petitioner-Appellant.

Carla Sue Sigler , Karen Christina McLellan , District Attorney's Office for the Parish of Calcasieu, Lake Charles, LA, for Respondent-Appellee.

Before WIENER, HIGGINSON, and COSTA, Circuit Judges.

The State of Louisiana tried Ricky Langley three times for the same killing. At the second trial, the jury acquitted Langley of first degree murder, relevantly defined as (1) killing a human being (2) with specific intent to kill or to inflict great bodily harm (3) where the victim was under twelve. See

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