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HUGHES v. VANNOY

No. 19-30979.

7 F.4th 380 (2021)

George HUGHES, Petitioner-Appellee, v. Darrel VANNOY, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed August 5, 2021.

Attorney(s) appearing for the Case

Jane Catherine Hogan , Hogan Attorneys, Hammond, LA, for Petitioner-Appellee.

Allison Miller Rutzen, Esq. , Dylan C. Alge, Esq. , District Attorney's Office for the 9th JDC — Parish of E. Baton Rouge, Baton Rouge, LA, for Respondent-Appellant.

Before Higginbotham, Stewart, and Wilson, Circuit Judges.

George Hughes and Drew Hawkins fought, Hughes's gun fired, and Hawkins died. On trial for second degree murder, Hughes testified that the gun fired accidentally when Hawkins pulled on the gun and the two men collided. His testimony was contradicted by an eyewitness supposedly watching the fight from outside...

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