No. 22-30310.

87 F.4th 652 (2023)

Rashaud L. ROBINSON, Petitioner-Appellant, v. Joseph P. LOPINTO, III, Sheriff of Jefferson Parish, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED December 4, 2023.

Attorney(s) appearing for the Case

Colin Reingold , Promise of Justice Initiative, New Orleans, LA, for Petitioner-Appellant.

Darren Anthony Allemand, Esq. , Assistant District Attorney, District Attorney's Office for the 24th JDC — Parish of Jefferson, Gretna, LA, for Respondent-Appellee.

Before Davis, Southwick, and Oldham, Circuit Judges.

A state pretrial detainee scheduled for a second trial seeks a writ of habeas corpus. He argues that when a poll of jurors at his 2021 trial showed ten of its members would acquit on four of five counts, retrial on those counts became barred under then-existing Louisiana law. The state trial court judge...

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