LANGLEY v. PRINCE

No. 16-30486.

926 F.3d 145 (2019)

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

United States Court of Appeals, Fifth Circuit.

FILED June 6, 2019.


Attorney(s) appearing for the Case

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

Cynthia S. Killingsworth , Carla Sue Sigler , Karen C. McLellan , District Attorney's Office for the Parish of Calcasieu, Lake Charles, LA, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Colin Andrew Clark, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Andrea Barient , Louisiana Department of Justice, Baton Rouge, LA, Jeffrey Matthew Harris , Consovoy McCarthy Park, P.L.L.C., Arlington, VA, for Respondent-Appellee.

Kyle Douglas Hawkins , Bill L. Davis , Assistant Attorney General, Office of the Attorney General, Office of the Solicitor General, Matthew Hamilton Frederick , Deputy Solicitor General, Office of the Solicitor General for the State of Texas, Austin, TX, for Amicus Curiae State of Texas.

Before STEWART, Chief Judge, JONES, SMITH, WIENER, DENNIS, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges.


A Louisiana jury convicted Ricky Langley of second-degree murder. The state court overturned that conviction on direct appeal. So the State retried Langley and re-convicted him. Langley now seeks federal habeas relief. He...

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